Date: 5/12/16
Title: DOL/OFCCP News


OFCCP publishes revised FAAP Directive which outlines the procedures for applying for and maintaining FAAP agreements.  Any new requests made on or after April 28, 2016 must comply with the new requirements.

VETS-4212 Filing Threshold Increased  - For the upcoming 2016 reporting cycle, the threshold requiring the submission of VETS 4212 reports for federal contractors has been increased from $100,000 to $150,000. 

NPRM on Paid Sick Leave for Federal Contractors On February 25, 2016, the DOL published a NPRM the proposes regulations to implement E.O. 13706, signed by President Obama on Sept. 7, 2015.    

Disability News  

The Department of Justice has launched a new Accessible Technology section in to assist covered entities and people with disabilities to understand how the ADA applies to certain technologies, such as Web sites, electronic book readers, online courses, and point-of-sale devices.  ADA Information Line at 1-800-514-0301 or 1-800-514-0383 (TTY). 

The Labor Department’s Office of Disability Employment Policy has launched a free online tool that helps employers and HR professionals ensure accessibility in their web-based job applications and other recruiting technologies for individuals with disabilities. Created by ODEP’s Partnership on Employment & Accessible Technology (PEAT), TalentWorks provides general background on accessibility and e-recruiting, as well as tip sheets for making online job applications, digital interviews, pre-employment tests, and resume upload programs accessible.

 Legal Actions
Joint OFCCP-EEOC Settlement – Asbestos Specialists, Inc. (ASI) of Baltimore, MD will pay $100k and equitable relief to resolve a charge of national origin harassment filed with the EEOC and OFCCP during a compliance evaluation.  EEOC and OFCCP found that a class of Hispanic workers were subjected to a hostile work environment based on national origin.

Gordon Food Services, Inc. (GFS) settled an OFCCP investigation by agreeing to pay $1.85 million in back pay and benefits to female applicants, hire 37 female applicants and stop using a strength test in the interviewing process.  OFCCP determined that GFS systemically discriminated against 926 qualified women seeking entry-level warehouse laborers jobs.  In 2007, GFS settled charges of sex discrimination in hiring for similar entry-level jobs at two other locations and paid out $450k in back pay and interest.

OFCCP sues three contractors following failed settlement discussion during compliance reviews:
  • B&H Foto & Electronics Corp. – alleging that it systemically discriminated against Hispanic employees and female, Black and Asian job seekers.  OFCCP alleges that at its Brooklyn Navy Yard warehouse B&H exclusively hired Hispanic men into entry-level laborer positions, excluding all females.  B&H promoted and compensated its Hispanic workers at a significantly lower rate than comparable White workers.  Hispanic workers were also subjected to racist remarks, degrading comments and harassment.
  • Convergys Customer Management Group, Inc. – failing to submit its AAP and supporting documents.
  • AmeriQual Group, LLC - alleging that AmeriQual systemically discriminated against qualified men seeking entry-level production jobs by segregating its production line workforce.  Women were put in “light duty” jobs and men performed more labor intensive work.  OFCCP’s investigation found that AmeriQual attempted to create after-the-fact justifications for failing to hire male applicants by making notations on “sticky notes” and other documents and then adding them to file.  The notations were not submitted to OFCCP in the original documents. 

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.