Date: 10/28/15
Title: OFCCP News


OFCCP has been busy developing tools for contractors and employees.  The following summarizes the new resources:

  • Video entitled Disability Inclusion Starts With You - encourages applicants and employees with disabilities to voluntarily self-identify by explaining how this information plays in measuring contractors' progress toward achieving eeo for people with disabilities.  You may wish to post the video on your careers page and/or your Intranet to share with employees and job applicants who may be reluctant to self-identify.  
  • Class Member Locator is designed to help OFCCP located affected class members. Summaries of cases are provided along with redacted Conciliation Agreements to help individuals determine if they are potential class members.  
  • Infographic on Jurisdictional Thresholds for all three regulations.
  • Reasonable Accommodation pocket card to help applicants and employees understand the process for requesting a reasonable accommodation. The card answers the following questions.
    • What is a reasonable accommodation?
    • How do I request a reasonable accommodation?
    • What do I need to tell my employer?
    • What happens after the request is made?
  • Am I a Protected Veteran Infographic - see below change in definition
  • Veteran Resources - resource card, women veterans fact sheet, DOL Vets programs
  • Section 503 Checklist - provides an overview of Section 503 and Subpart C's requirements. OFCCP warns that the use of this checklist does not guarantee or equate to compliance of the regulations. 

OFCCP Releases a Supplement to the EEO is the Law Poster

This supplement is mandatory; however, OFCCP has not indicated when it needs to be posted. It includes:

  • E.O. 11246 - adds sexual orientation and gender identity to the list of protected characteristics and adds pay secrecy requirements.
  • Section 503 and VEVRAA - provides an overview of the regulations.

OFCCP Issues Final Rule Promoting Pay Transparency 

E.O. 13665: Government Contractors, Prohibitions Against Pay Secrecy Policies and Actions goes into effect on January 11, 2016. It prohibits federal subs and contractors with contracts in excess of $10k from terminating or discriminating against employees and applicants for discussing, disclosing or inquiring about their own pay or co-workers' pay.  An exemption occurs when an employee makes the disclosure of pay information based on information obtained in the course of performing his/her essential job functions, e.g. HR may not disclose pay information under the guise of the final rule. 

Employers need to incorporate E.O. 13655 in its contracts, subcontracts, handbooks and application material.  Updated contract language.


Disclaimer: The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the U.S. Department of Labor. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.