The OFCCP Digest - Produced by
Topic: EEO
We are often contacted by an employer that realizes, well after the filing deadline, that it failed to submit an annual EEO-1 Report to the Equal Employment Opportunity Commission (EEOC) / Joint Reporting Committee. Sometimes the employer has gone several years without filing an EEO-1...more
Gary Chamberlin
Gary A. Chamberlin, Esq.
Member, Miller Johnson
OFCCP’s Fiscal Year 2017 (FY2017) is coming to a close and the Agency may be looking to make some deals, particularly in matters alleging pattern and practice discrimination. For the past decade, OFCCP has engaged in what has been best described as "plaintiff-style" tactics to achieve...more
Laura Garger, Esq.
Laura R. Garger, Esq.
Of Counsel, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Topic: EEO
Even before the 1978 publication of the Uniform Guidelines on Employee Selection Procedures, adverse impact analyses (alternatively known as disparate impact analyses) have been conducted by employers to evaluate passing rate differences between subgroups on various practices...more
Dan Biddle, Ph.D.
Dan Biddle, Ph.D.
President, Biddle Consulting Group, Inc.
Diana Sicari
Diana Sicari
EEO/AA Consultant, Biddle Consulting Group, Inc.
Topic: Veterans
According to the latest report from the Department of Defense, there are more than 50,000 active duty military service men and women in the state of South Carolina. Of those, 10 percent will leave the military each year. But will they stay in South Carolina? Additionally, 240,000 will separate ...more
Robyn Grable
Robyn Grable
CEO, Owner, Service to Civilian, Inc.
Ask the Experts
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: Best Practice on Hiring an Intern Full Time?
We're a government contractor and every year we bring on a cohort of paid, summer interns. Each intern formally applies to our company for the internship position. At the end of their internships, we make full-time offers to some of the interns. What is the best practice in terms of converting them to full-time employees at the end of their internships? Does each intern need to apply again to a full-time open requisition? Do we need to open and complete requisitions that we know these interns will fill since they were already working for us? Can we simply add them as full-time staff without having to open a full requisition?
Assuming there are distinct criteria for hiring the interns (from your other hires), they are likely their own pool of applicants and hires for such purposes as your adverse impact analysis and recordkeeping requirements. Once interns are brought on as employees, if a company converts them to full time, they are more likely to fit your definition of a transfer or promotion. If there is a break in employment, then they need to apply and be hired like any other rehire. (Though rehires are sometimes not in the same pool for analysis purposes as first time hires.)
DOL Highlights
Trump Administration Rescinds Guidance on Race for Higher Education Institutions
The Trump administration rescinded Obama-era guidelines that permitted race to be among the factors considered in the college admissions process, in order to achieve diversity. In an announcement issued by the Justice and Education Departments, higher education institutions were directed to use race-neutral standards. This move comes as Harvard University faces a lawsuit alleging that it intentionally discriminated against Asian Americans by limiting the number of Asian Americans it admits to the university.
Supreme Court Rules “Fair Share” Fees are Unconstitutional
The U.S. Supreme Court, in a 5-4 decision, ruled that public sector unions can no longer collect fees from non-union members without consent, as it violates their First Amendment rights. These “Fair Share” fees were a significant source of revenue for unions, and non-members were compelled to pay for the union to essentially “represent” these employees if covered by a collective bargaining agreement. The Supreme Court’s decision overrules Abood v. Detroit Board of Education (1977), stating that “compelling individuals to mouth support for views they find objectionable violates that cardinal constitutional command.” The new ruling could impact unions’ roles in the political scene as it will essentially decrease budgets locally and nationally.
EEOC Report: Age Discrimination Continues to Be a Problem
Fifty years after the Age Discrimination in Employment Act (ADEA) went into effect, Victoria A. Lipnic, Acting Chair of the EEOC, released a report on the state of older workers and age discrimination. The report points out similarities between age discrimination and other prejudices, creating difficulty for older workers to find employment. While the ADEA was an important step toward workers’ civil rights, the report shows age discrimination remains a significant issue as older workers are judged by unfair and outdated assumptions about their abilities. Also in the report, you will find a number of recommendations, strategies, and resources to avoid age discrimination, improve age diversity, and enhance an organization’s productivity through mixed-age teams.
Read more DOL Highlights throughout the month for timely updates.
2018 National ILG Conference
"Navigating the Waves of Change," will be held in Anaheim, California July 31-August 3. The conference agenda includes a focus on diversity and inclusion, AAP preparation and analysis, OFCCP trends, effective tools and strategies for outreach, and much more. View a full agenda for the event.
OFCCP Documentation Best Practices
Complimentary OFCCP Webinar
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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.