The OFCCP Digest Local JobNetwork The OFCCP Digest
White House Announces Release of Final Contractor Blacklisting Rules
Topic: EEO
The long wait for the so-called “contractor blacklisting” final rule is over. On August 24, 2016, the U.S. Department of Labor (“DOL”) and the Federal Acquisition Regulatory Council (“FAR”) released the highly anticipated final regulations and guidance implementing Executive...more
Laura Garger, Esq.
Of Counsel at Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
James Murphy, Esq.
Shareholder at Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Gretchen Ewalt, Esq.
Shareholder at Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Disability Inclusiveness in the Workplace
Topic: Individuals with Disabilities
National Disability Employment Awareness Month (NDEAM) provides an opportunity each October to highlight the value and skills that employees with disabilities bring to the workplace. This year’s theme, “#InclusionWorks,” recognizes that economic viability and...more
Judy Young Judy Young
Assistant Director of Training and Development at Cornell University - K. Lisa Yang and Hock E. Tan Institute on Employment and Disability
Kathleen Lee Kathleen Lee
Business Outreach Consultant at Cornell University - K. Lisa Yang and Hock E. Tan Institute on Employment and Disability
Anti-Discrimination Rules with a Twist: The OFCCP's Final Rules on Sex Discrimination
Topic: EEO
The OFCCP's Final Rule on Sex Discrimination took effect last month, on August 15, 2016. Many of you already know that sex discrimination has been illegal since at least 1964, when the Civil Rights Act was enacted. Pay discrimination based on sex has been illegal since at least...more
Ahmed Younies Ahmed Younies
President and CEO of HR Unlimited, Inc.
Did You Know? OFCCP has Tools to Answer Your Questions
Topic: OFCCP
Conquering the maze of Affirmative Action laws and regulations can be daunting. Okay, it can be overwhelming. But the Office of Federal Contract Compliance Programs (OFCCP) has provided some helpful tools to guide you to the answers you seek...more
Carla Irwin Carla Irwin, Esq.
President of Carla Irwin & Associates, Inc.

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: Recordkeeping Penalties

Do you know where I can find information on penalties, if any, for not following the rule stated below?

When searching for candidates on an external resume database, you will need to maintain the following records:
  • A record of the position for which each search of the database was made
  • The date of the search for each search conducted
  • The substantive search criteria for each search conducted – such as experience, degree, location, industry, and key words used
  • The resumes of job seekers who met the basic qualifications for the particular position who you considered for the position

Answered by Debra Milstein Gardner from Workplace Dynamics LLC:

There are no specific penalties for not maintaining that information; however, if it becomes obvious during a compliance review that it has not been maintained, then it may lead to a conciliation agreement (CA). If this occurs, you may have to provide the OFCCP with proof that this information has been maintained during a one-to-two year period (as identified in the CA). You may also need to submit information on applicants identified from these searches and whether or not they were hired. OFCCP may conduct a disparity analysis on this data and if there is adverse impact, you may have to defend your hiring decisions.

EEOC Issues Enforcement Guidance on Retaliation

The EEOC issued its final Enforcement Guidance on Retaliation and Related Issues which outlines the standards it plans to use to prove retaliation under the civil rights and anti-discrimination laws that it enforces. The guidance defines what EEOC considers retaliation, provides examples of protected activity, and lists the types of adverse actions that are prohibited. Retaliation is the leading cause for discrimination claims filed with the EEOC.

DOL and FAR Council Issues Final Regulations and Guidance on E.O. 13673

The Department of Labor and the Federal Acquisition Regulatory Council have issued the final regulations and guidance to implement the Fair Pay and Safe Workplaces Executive Order (E.O. 13673). The new Executive Order requires prospective contractors to disclose if they have had any labor violations when bidding for a federal contract. It also requires federal agencies to consider labor violations when awarding federal contracts. The disclosure requirement covers 14 different labor laws and a three-year look back period. The final regulations will be implemented in phases beginning October 25, 2016.

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.