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OFCCP Compliance II
(May 25, 2007) If you have any questions about OFCCP issues, visit the OFCCP website and/or contact them directly. The note I sent on Tuesday was answered by Thursday morning. The people at the Department of Labor (DOL) were very helpful (their note is reprinted at the end of this article).

Yesterday's article included lots of dense legal language. I wanted to be sure that it was available for review by interested people in the audience. Although the material is dense, the meaning is pretty clear.

There is nothing particularly urgent or shocking about the changes in OFCCP regulations regarding job postings. The job posting question is a minor issue in the broad scheme of things. Here is my summary of the situation:

  • America's Job Bank will cease to function in June 2007. For some time, posting jobs to AJB enabled employers to meet the OFCCP job posting Requirements
  • The only area requiring specific job posting behavior involves making sure that Veterans get a fair deal in the employment market (the Jobs for Veterans Act).
  • Employers covered by OFCCP regulations can meet the job posting requirement by sending job postings to their local state employment service.
  • In June, the Department of Labor (DOL) plans to issue revised regulations. In part, they will account for the disappearance of AJB.
  • The DOL has traditionally allowed a transition period (on a case by case basis) when new regulations take effect. They are likely to do that in this case.

In other words, the sky isn't falling and a graceful transition process is in place.

What follows is the Department of Labor's response to my note:

Dear Mr. Sumser:

Thank you for your e-mail of May 22, 2007, in which you asked the following questions concerning the Jobs for Veterans Act (JVA) Final Rule: (1) when will the new regulation be released (and are review copies in circulation); and (2) will there be a transition period once the new regulations are clear?

The Office of Federal Contract Compliance Programs (OFCCP) administers and enforces three equal employment opportunity mandates that apply to Federal contractors and subcontractors: Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; and the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212. These mandates prohibit Federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, national origin, or status as a qualified individual with a disability or protected veteran. OFCCP also shares responsibility with the U.S. Equal Employment Opportunity Commission in enforcing Title I of the Americans with Disabilities Act. In addition, OFCCP has responsibility for monitoring federal contractors and subcontractors' compliance with Executive Order 13201. Executive Order 13201 requires Government contracts and subcontracts to include an employee notice clause requiring non-exempt Federal contractors and subcontractors to post notices informing their employees that they have certain rights related to union membership and the use of union dues and fees under Federal law. Information concerning Executive Order 13201 is available at http://www.dol.gov/esa/regs/compliance/olms/EO13201_CA.htm .

In response to your first question, the OFCCP Final Rule implementing the JVA, which will be published under 41 CFR 60-300 regulations, is currently in the Department of Labor clearance process. The target date for publication of the Final Rule is June 2007. You may check with our office periodically by phone or by e-mail for updates. We will also post the Final Rule on the OFCCP web site after publication in the Federal Register. To check the OFCCP web site, go to http://www.dol.gov/esa/ofccp/index.htm . For your information, OFCCP published a Notice of Proposed Rulemaking (NPRM) concerning JVA changes to Vietnam Era Veterans' Readjustment Assistance Act of 1974 ("VEVRAA") on January 20, 2006. A copy of the proposed rule is available on our web site at http://www.dol.gov/esa/regs/fedreg/proposed/2006000440.htm.

In response to your second question, in the past, on a case-by-case basis, OFCCP has allowed contractors a reasonable transition period to develop new Affirmative Action Programs that comply with regulatory changes. OFCCP will most likely continue that practice when finalizing any changes to its regulations required by the JVA revisions.

If you need more information pertaining to OFCCP or any other issue related to federal contractors' equal employment opportunity and affirmative action obligations, you can:

visit OFCCP's website at http://www.dol.gov/esa/ofccp/index.htm ;
call OFCCP's toll free Help Desk at 1-800-397-6251; or
contact an OFCCP District or Area office in your local area; a list of offices by State is available on OFCCP's website at http://www.dol.gov/esa/contacts/ofccp/ofnation2.htm .

John Sumser © TwoColorHat. All Rights Reserved.
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