On February 1, 2018, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) sent 1,000 notices to federal contractors and subcontractors. These notices inform employers that one or more of their facilities are likely to be the subject of an...more
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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 LocalJobNetwork.com to submit a question. Questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.
Question: Ethnicity Naming
Does the OFCCP or other entity require specific naming conventions when it comes to race or ethnicity in our HCM/people management system? We are curious what is recommended or required when it comes to names.
OFCCP doesn't have specific naming conventions in its regulations regarding race and ethnicity that federal contractors and subcontractors are required to use. However, OFCCP uses the following terms in its regulations in regard to race and ethnicity and expect employers to collect demographic data according to these categories:
American Indians/Alaskan Natives
Note that unlike EEOC, OFCCP's regulations do NOT have a separate category for Hawaiian Natives/Pacific Islanders and do NOT have a category for persons who are two or more races. OFCCP issued a directive in 2008 that allows federal contractors and subcontractors to collect demographic data and prepare statistical reports using EEOC's race and ethnicity classifications, but OFCCP has never formally changed its regulations to match EEOC's classifications.
From our experience, OFCCP has not had a problem when federal contractors or subcontractors use naming conventions for the categories above that appropriately represent the category. Thus, it should not be a problem to have an HR system that refers to "African Americans" rather than "Blacks" or that refers to "Native Americans" rather than "American Indians/Alaskan Natives."
Where OFCCP might have a problem is if your system creates new or different categories than the five categories used by OFCCP or the seven categories used by EEOC. For example, if your system has a category for Asians from the Indian Subcontinent, a separate category for Asian for the Eastern part of Asia, and a third category for Hawaiian Natives/Pacific Islanders, OFCCP might have a problem as it recognizes these first two categories as members of one class for reporting purposes. As another example, if your system has a category for Asians from the Middle East who are counted as minorities in various reports, OFCCP might have a problem since Asians from the Middle East are typically counted as white.
Thus, the naming conventions you use are less important than having categories that conform to OFCCP's expectations.
HIRE Vets Medallion Program Demonstration Accepting Applications
The Department of Labor announced the launch of a HIRE Vets Medallion Program Demonstration. This program is designed to recognize employers who make an investment in recruiting, employing, and retaining veterans. The program demonstration is meant to conduct a test of the application, review, and award processes for the HIRE Vets Medallion Program under the HIRE Vets Act, which will launch in 2019. The application period will close on April 30, 2018, or after the DOL receives 300 successfully completed applications. More information is available on the Veterans' Employment and Training Service FAQ.
OFCCP Sends Out 1,000 CSALs
The Department of Labor (DOL) confirmed that OFCCP mailed 1,000 Corporate Scheduling Announcement Letters (CSALs) to contractor establishments on February 1, 2018. The CSAL is a courtesy notification informing these establishments that they have been selected to undergo a compliance audit. OFCCP will begin sending out formal Scheduling letters on March 19. Companies receiving CSALs should make use of the additional notice period to start putting together the information that may be requested by OFCCP.
The 2017 EEO-1 Survey Now Available to Employers
The annual EEO-1 survey is currently open for employers to submit their 2017 employment data to the U.S. Equal Employment Opportunity Commission (EEOC). Completion of the EEO-1 report is required by federal law for private employers meeting specific criteria listed here. The EEO-1 report presents information about employees' race/ethnicity, gender, and job categories for the previous year. Employers must file their report by March 31, 2018. For additional information, including sample forms, instructions, and an FAQ section, you can visit the EEOC's EEO-1 Survey website.
Read more DOL Highlights throughout the month for timely updates.
Comprised of former OFCCP Directors and respected thought leaders in OFCCP compliance, affirmative action, and EEO, this distinguished group provides strategic guidance to Local JobNetwork™ initiatives.
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.