The OFCCP Digest Local JobNetwork The OFCCP Digest Scott Pechaitis, Esq. and Chris Patrick, Esq. Alissa Horvitz, Esq. and Josh Roffman, Esq. Cindy Karrow, SPHR Amy Wozniak
Taking the President’s Lead: OFCCP’s Data-Based Approach to Audits
by Scott Pechaitis, Esq. and Chris Patrick, Esq.

As President Obama’s time in office comes to an end, it is becoming clear that a lasting piece of his legacy will be the blending of technology and government. Starting with his 2008 presidential campaign, which embraced digital tools such as Facebook, text messages, podcasts, and “big data” analytics like no candidate had done in the past, it became clear that President Obama would bring to the table a strategic focus on data and technology.

That view has permeated his presidency – nowhere more so apparent than in increasingly data-based initiatives of the federal enforcement agencies. The Equal Employment Opportunity Commission’s (EEOC) top priority is investigating and eradicating systemic...more

Scott Pechaitis, Esq. Scott M. Pechaitis is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. He represents management exclusively in all areas of employment law. His practice...more

Chris Patrick, Esq. Christopher T. Patrick is an Associate in the Denver, Colorado, office of Jackson Lewis P.C. He represents management exclusively in all areas of...more

The Evolution of the Tagline at the Bottom of Job Advertisements: The Demise of the Affirmative Action Reference
by Alissa Horvitz, Esq. and Josh Roffman, Esq.

Decades ago, long before employers used the Internet for recruiting, employers used to advertise job vacancies in the newspaper. The OFCCP knows this because its current sex discrimination guidelines reference the old newspaper way of recruiting. The current version of OFCCP’s regulations state:

Advertisement in newspapers and other media for employment must not express a sex preference unless sex is a bona fide occupational qualification for the job. The placement of an advertisement in columns headed “Male” or “Female” will be considered an expression of a preference, limitation...more

Alissa Horvitz, Esq. Alissa A. Horvitz has focused on practicing OFCCP law since 1996. Her experience includes preparing affirmative action plans, representing government contractors before...more

Josh Roffman, Esq. Joshua S. Roffman has been practicing OFCCP law since 2003. He focuses his practice primarily on advising and overseeing the preparation of affirmative action plans and...more

OFCCP Audits: The Latest Trends and Expectations
by Cindy Karrow, SPHR

Office of Federal Contract Compliance Programs (OFCCP) audits can be complex, which is why it’s so important federal contractors understand the latest requirements and trends impacting enforcement. Here are some of the latest OFCCP audit trends and expectations you should be aware of...more

Cindy Karrow, SPHR As a Senior HR Consultant at Berkshire Associates, with over 27 years experience in the industry, Cindy Karrow, SPHR, SHRM-SCP, is recognized as a leading affirmative action compliance expert. She specializes in developing...more

Government Compliance Acronyms and Terms
by Amy Wozniak

As a federal contractor, you are likely familiar with many of the acronyms and terms used in government compliance. For instance, you may already know what information can be referenced in the FCCM and be familiar with EEO. Do you also know how to pinpoint your EA?

There may be more terminology that you might not be aware...more

Amy Wozniak Amy Wozniak is a Compliance Manager at the Local JobNetwork™ (LJN). With over ten years of government compliance experience, Amy guides federal contractors through the regulatory audit process from beginning to...more

May marks the 17th annual National Military Appreciation Month, a commemorative month designated by Congress in 1999 as a way to honor the nation’s past and present military members. The month includes a variety of military-centric commemorations, such as Loyalty Day (May 1), Military Spouse Appreciation Day (May 6), Victory in Europe (VE) Day (May 8), Armed Forces Day (May 21), and Memorial Day (May 30). For more information on how you can support active military members and veterans, visit

Ask the Experts is an online forum where federal contractors and subcontractors who are clients of the Local JobNetwork™ (LJN) are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. Questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.

Question: Requisition with Hires Spanning Multiple Plan Years

We have a requisition with two hires: one hire in the previous plan year and one in the current plan year. I understand that the applicant pool must be a part of our data for both plan years, correct? Additionally, does the hire from the previous plan year still need to be included in the current year's applicant pool or may that individual be omitted from the applicant data?

Answered by Debra Milstein Gardner from Workplace Dynamics, LLC:

It doesn't matter when the requisition was opened. All of the applicants are counted in the AAP year when the requisition is filled. For instance, you have a calendar plan year and the requisition was opened on 12/1/15 but not filled until 1/15/16, all the applicants (and hire) would not be considered in the 2016 plan data because they were hired outside of the date perimeters for the collection of the personnel activity data to support the 2016 plan (1/1/15 - 12/31/15). However, if the requisition was filled on 12/30/15, all of the applicants (and hire) would be counted in the data.

If you have one requisition with two hires and they crossed over plan years, then you do need to count some of the applicants in the 2016 data and some in the 2017 data. For example, the requisition was opened 12/1/15 and the first hire was made 12/30/15. I would count only those applicants in the requisition who applied and were considered for this initial hire. Anyone that applied to the same requisition after the date of the offer should not be considered in the 2016 AAP data. Those applicants would be counted in the 2017 data to support the hire made in 2016.

Needless to say, if you know that one requisition is going to cross over plan years, it is best to close it out and re-open another one. You can transfer over the applicants after the position was filled the first time since you know that they have shown an expression of interest in the same position.

ODEP Releases New Web Tool – TalentWorks

The U.S. Department of Labor's Office of Disability Employment Policy (ODEP) recently announced the launch of TalentWorks, a free online tool that helps employers and human resources professionals ensure accessibility in their web-based job applications and other recruiting technologies for job seekers with disabilities. ODEP's Partnership on Employment & Accessible Technology (PEAT) created the tool after a national survey of people with disabilities found that 46 percent of respondents rated their last experience applying for a job online as "difficult to impossible." TalentWorks provides general background on accessibility and e-Recruiting, as well as practical tip sheets for making online job applications, digital interviews, pre-employment tests, and resume upload programs accessible.

Read more DOL Highlights throughout the month for timely updates.

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The opinions expressed in this newsletter are the opinions of the individual author(s) and do not necessarily reflect the opinions of the Local JobNetwork™. The information appearing in this newsletter is meant to provide the reader with a general understanding of topics relating to OFCCP compliance requirements and is not legal advice. If you are seeking legal advice to address OFCCP compliance issues or requirements, you should consult an attorney. The Local JobNetwork™ expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this newsletter.