The OFCCP Digest Newsletter
Topic: EEO
Having only recently completed their VETS-4212 filings, government contractors will soon be entering the 2018 EEO-1 reporting cycle facing a confusing landscape when it comes to reporting the gender of their employees. Contractors face an employment marketplace that is dealing with gender...more
James (Jay) A. Patton, Jr., Esq.
James (Jay) A. Patton, Jr., Esq.
Shareholder, Ogltree Deakins
Topic: OFCCP
The Supreme Court addresses systemic employment discrimination questions relatively rarely. In Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), the Supreme Court addressed questions related to systemic pay discrimination claims under Title VII. The Supreme Court's decision contained...more
Bill Doyle, Esq.
Bill Doyle, Esq.
Partner, McGuireWoods LLP
Topic: AAP
One may be hard-pressed to find a topic in the world of Equal Employment Opportunity and Affirmative Action that is more disliked than adverse impact. Not only does an adverse impact analysis (a.k.a. impact ratio analysis and/or disparity analysis) involve complicated statistical...more
Dan Biddle, Ph.D.
Dan Biddle, Ph.D.
President, Biddle Consulting Group, Inc.
Jeff Davies, M.A.
EEO/AA Consultant, Biddle Consulting Group, Inc.
Topic: OFCCP
2018 was a very busy year for federal contractors. Before we get too deep into 2019, let’s take a stroll through some of the highlights and what can be done to prepare for another busy year...more
Cindy Karrow, SPHR, SHRM-SCP
Cindy Karrow, SPHR, SHRM-SCP
Senior HR Consultant, Berkshire Associates
Topic: disability
Nearly 40% of employers face challenges hiring qualified employees, while at the same time, one in four people in the United States have some type of disability, and have their own challenges in getting hired. Some disabilities are more visible, such as physical disabilities. Others are...more
Kristine Foss, MA, SPHR, SHRM-SCP
Kristine Foss, M.A., SPHR, SHRM-SCP
Managing Director, Disability Solutions
Building and Sustaining Diversity in the Workplace
Another OFCCP Directive? Now What? How's 208 Directives Impact You
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: Returning Interns/Co-ops
We always try to bring interns/co-ops back for multiple terms and often try to get their commitment before they leave to go back to school well in advance. Given that, is there any requirement to post once they have joined us for additional internships/co-ops?
The obligation to post your positions with the ESDS per the VEVRAA mandatory job listing requirement applies to all payroll positions, with the exception of senior management positions, internal positions, and jobs lasting three days or less.

If the intern position is on your payroll, then you have an obligation to list the position when you first hire the intern. Unless you have terminated their internship, and subsequently from your payroll, if they come back for multiple semesters, there is no need for you to re-post their position.
DOL Highlights
OFCCP Formally Names Craig Leen Its Director
Craig Leen is now officially listed as Director of OFCCP after taking over for Ondray Harris last summer. As Acting Director, Leen has led OFCCP during the creation of 10 new directives, utilizing four pillars (transparency, efficiency, recognition, and certainty) to increase trust and improve relationships with federal contractors and the rest of the compliance industry.
OFCCP Rescinds Active Case Enforcement Directive
Under Directive 2019-01, Compliance Review Procedures, the agency rescinded the Active Case Enforcement (ACE) procedures which required full desk audits and increased the frequency of mandatory onsite reviews. With the current OFCCP leadership's focus on increasing the number of compliance evaluations, shortening desk audits, and conciliating issues more efficiently, OFCCP no longer sees a need for the ACE directive. In this first directive of FY 2019, OFCCP states that compliance reviews will be conducted in accordance with the Federal Contract Compliance Manual (FCCM) and recent directives.
OFCCP Establishes Early Resolution Procedures
OFCCP recently released Directive 2019-02, Early Resolution Procedures (ERP), a set of guidelines that would allow OFCCP and contractors with multiple establishments to proactively resolve possible violations quickly and develop corporate-wide corrective actions. The ERP differentiates between material or non-material violations and outlines steps for resolution. Compliance evaluations resolved with an ERP do not require the issuance of a Predetermination Notice (PDN) or a Notice of Violation (NOV), and may proceed directly to conciliation.
OFCCP to Provide Additional Compliance Guidance via Opinion Letters and Help Desk
Under Directive 2019-03, Opinion Letters and Help Desk, OFCCP sets forth its plan to utilize Opinion Letters as an additional method for providing compliance guidance to contractors. These letters are meant to provide guidance on the application of OFCCP regulations to fact-specific situations, reduce uncertainty in unusual circumstances, and help contractors ensure compliance. Employees and employers may request an opinion letter through a process OFCCP will set forth. The directive also seeks to improve OFCCP's online Help Desk by making questions and answers available to the public and searchable on its website.
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.