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OFCCP Issues Final Rule on Sex Discrimination
Topic: EEO
The Office of Federal Contract Compliance Programs recently issued its Final Rule on Discrimination on the Basis of Sex. The new regulations rescind the OFCCP’s prior Sex Discrimination Guidelines and give regulatory effect to the latest interpretations of the...more
Cara Crotty, Esq. Cara Crotty, Esq.
Partner at Constangy, Brooks, Smith & Prophete, LLP
Pay Transparency – Tips for Training Managers
Topic: Compensation
On January 11, 2016 the Pay Transparency Final Rule amending E.O. 11246 went into effect prohibiting federal subcontractors and contractors from disciplining or discharging employees or applicants for discussing, disclosing or inquiring about their pay or that of other...more
Debra Milstein Gardner Debra Milstein Gardner
President of Workplace Dynamics LLC
The Problem with Availability Analyses
Topic: AAP
Several years ago, I wrote an article for The OFCCP Digest that focused on the inherent flaws in availability analyses. Since that time, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has released a myriad of new regulations and has...more
Bill Osterndorf Bill Osterndorf
President and Founder of HR Analytical Services
The Federal Government’s United Front Against Religious Discrimination
Topic: EEO
The federal government is serious about combatting religious discrimination - serious enough to launch an interagency initiative designed to confront religious discrimination from pretty much every possible angle. The initiative’s stated goal is “to promote religious freedom...more
Ahmed Younies Ahmed Younies
President and CEO of HR Unlimited, Inc.
Find and Retain Military Talent
Topic: Veterans
Following our nation’s lengthy wars in Iraq and Afghanistan, considerable effort and resources have been expended to help the men and women who have served in our Armed Forces make a successful re-entry into the civilian workforce. This article discusses how employers can...more
Carl Savino Carl Savino
CEO of Corporate Gray

Ask the Experts is an online forum where federal contractors and subcontractors are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. Simply register your company on to submit a question. Questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.

Question: Pre-screening Questions

Is it permissible to ask during phone screening if a candidate is a military veteran and allowing them to answer (yes, no, or do not wish to disclose)? Our purpose would be to assist in our veteran outreach.

Answered by Marilynn L. Schuyler, Esq. from Schuyler Affirmative Action Practice:

I don't believe the regulations or guidance from OFCCP directly address this question, but I don't recommend this method. First, this won't provide you with the information you need to collect as a federal contractor. There are distinct categories of Veterans that are considered "protected," and a general question would not elicit a useful response. Second, the demographic questions should be asked in a manner that provides confidentiality in the responses, and a verbal question detracts from the confidential process. Third, the candidate might not understand that the question is separate from the evaluation of their credentials. Finally, candidates might not feel as free to respond that they do not wish to disclose if they are asked verbally.

Demographic information should be requested at the time the candidate expresses interest in an open position online. To evaluate the effectiveness of a federal contractor's outreach, ask candidates to disclose how they learned about the position.

EEOC Announces Second Opportunity for Public Comment on Revised Proposal to Collect Pay Data

Following the initial comment period which ended on April 1, 2016, the Equal Employment Opportunity Commission (EEOC) announced the publication of a revised proposal to collect summary pay data from employers through the Employer Information Report (EEO-1). In the updated proposal, EEOC adopted suggestions from commenters, such as moving the due date for the EEO-1 survey from September 30, 2017 to March 31, 2018. The proposed revisions will require employers, including federal contractors, with 100 or more employees, to include pay ranges and hours worked to the workforce data on race, ethnicity, sex, and job category that they are currently reporting in the EEO-1 form. The information is meant to assist the EEOC and the Office of Federal Contract Compliance Programs (OFCCP) in identifying possible pay discrimination and assist employers in promoting equal pay in their workplaces. Interested parties are encouraged to comment. The deadline to submit feedback is August 15, 2016.

OMB Renews OFCCP Scheduling Letter and Itemized Listing

The Office of Management and Budget (OMB) has renewed the OFCCP’s Scheduling Letter and Itemized Listing for three years through June 30, 2019. The renewed letter contains revisions that further clarify the information that is being requested and includes new language notifying contractors that it may share information obtained during a compliance evaluation with other enforcement agencies within the Department of Labor, as well as other federal civil rights enforcement agencies with which it has information-sharing agreements. You can learn more about the Scheduling Letter and Itemized Listing here.

EEOC Increases Penalty for Violating Notice Posting Requirements

The Equal Employment Opportunity Commission (EEOC) released a Final Rule increasing the maximum penalty for failure to comply with the notice posting requirements by 150%, from $210 to $525 per violation. Under Title VII of the Civil Rights act of 1964, the Americans with Disabilities Act, and the Genetic Information Non-Discrimination Act, employers with 15 or more employees are required to post notices that describe the employer’s non-discrimination obligations and must post these in prominent and accessible places. The increase went into effect on July 5, 2016 and applies to any penalties assessed after this date.

Read more DOL Highlights throughout the month for timely updates.
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The OFCCP Digest is a complimentary resource featuring affirmative action, equal employment opportunity, and government compliance topics. Previous editions are available for easy reference on The OFCCP Digest Archives page. To subscribe or to provide feedback, email
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.