Regulatory Agenda Q and A with OFCCP's Director Patricia Shiu 12-08-09
DOL Regulations – Live Q&A Session with OFCCP
Tuesday December 8, 2009
Regulatory Agenda Q and A with OFCCP’s Director
Patricia Shiu
Patricia Shiu:
Good afternoon. My name is Patricia Shiu, I am the
Director of the Office of Federal Contract Compliance Programs, otherwise known
as OFCCP. It is a pleasure for me to be with you on this Web chat today to
highlight OFCCP’s regulatory priorities.
First, a word about my Agency, the OFCCP enforces the Civil Rights of both
Fedeal contractor employees as well as applicants for Federal contractor jobs,
and ensures that workers and applicants are not subject to discrimation,
harassment, retaliation or termination because of their sex, race, color,
national origin, religion, disability or because they are a protected veteran.
Getting a contract from the federal government is a privilege, not a right.
And with that privilege comes seious responsbilities for the contract to comply
with anti-discrimination laws so that everyone has the right to work in a
discrimination-free workplace.
The OFCCP is hard at work on three rules that will benefit the American worker.
We are focusing on strengthening Section 503 of the Rehabilitation Act (which
prohibits discrimination against people with disabilities) in order to help
contractors and subcontractors improve their recruitment of people with
disabilities. Similarly, we are looking at how we can strengthen outreach and
recruitment programs as well as replacement goals to make sure that are
protected veterans get good jobs. We are also seeking to strengthen our
regulations governing the equal emplolyment and affirmative action requirements
for companies holding federal and federally assisted construction contracts.
I hope that all of you will think about how we can achieve these goals, because
we are counting on you to help us achieve them.
Let’s get started!
Initial reports indicated that OFCCP expected to
hire 213 new employees during the 2010 fiscal year. Is this still expected? How
many of those hires have already been made?
Patricia:
While we do expect to hire several new employees, we
are in the midst of this process, which has not yet
been finalized.
[Comment From Kevin McGowanKevin McGowan: ]
What changes from the Bush administration’s approach
toward affirmative action enforcement or
construction industry enforcment is being planned
for 2010?
Patricia:
Kevin, thank you for your question. The OFCCP
Affirmative Action regulations and goals applicable
to construction contractors were last updated about
thirty years ago. We know much has changed in the
construction industry and workforce since that time.
As part of the rulemaking process, OFCCP will be
reviewing barriers to equal opportunity in the
construction industry including employment
opportunities for women and minorities. OFCCP will
also be considering how construction contractors may
best ensure equal opportunities for all job
applicants and employees. This Web chat is occurring
early in the regulatory revision process so it is
premature to discuss particular approaches or
solutions we will propose until after we have heard
from all our stakeholders.
[Comment From Pat Schaeffer EEOIMPACTPat
Schaeffer EEOIMPACT: ]
How will OFCCP’s enforcement of non-discrimination
and affirmative action increase in the coming year?
What new steps will you take and how do you see
OFCCP’s approach being different from the past
administration?
Patricia:
Pat, thank you for your question. I can tell
what OFCCP is commited to doing under this
Administraion. We will vigorously enforce all
three laws under each jurisdiction: Executive
Order 11246, Section 503 of the Rehabiltation Act
and VEVRAA (Vietnam Era Veterans Readjustment
Assistance Act), and will do so through both
systemic and individual cases. We certainly
encourage federal contractor employees or applicants
to contact OFCCP’s regional or district offices with
such complaints. Contact information can be found
at
www.dol.gov/ofccp.
[Comment From GuestGuest: ]
How will the NPRMs assist veterans into job
placements?
Patricia:
Regarding the question from Guest, OFCCP is
considering ways to strengthen affirmative action
reqirements for federal contractors and
subcontractors, for example, by requiring
substantive analyses of recruitment and placement
actions under VEVRAA, and requiring the use of
numerical targets to measure the effectiveness of
affirmative action efforts. OFCCP’s goal is to
increase employment opportunity for veterans
protected by VEVRAA with federal contractors.
[Comment From JasonJason: ]
OFCCP: With the APNRM related to producing AA
Placement Goals for disabled individuals and covered
veterans, what data sources will be made available
to federal contractors, should the ANPRMs go through
the proper approvals proceess and are ultimately
approved by OMB?
Patricia:
Jason, OFCCP will seek input from stakeholders on
the type of statistical or other analyses that might
be used by contractors to better monitor their
employment practices with respect to applicants and
employees with disabilities and protected veterans.
[Comment From FredFred: ]
During her chat yesterday, Secretary Solis responded
to a question about narrowing wage and income
inequality for women by saying that "OFCCP (Office
of Federal Contract Compliance Programs) is working
on three new regulatory efforts designed to increase
the income of low wage workers and narrow income
inequality." I did not see any mention of efforts
addressing income inequality for women in the agenda
for the upcoming year- could you provide more
specifics about the efforts that Secretary Solis
mentioned?
Patricia:
Fred, during our review of the construction, 503 and
VEVRAA regulations, we are researching barriers to
equal employment opportunity for women in
construction, women with disabilities and female
veterans, with the intent of increasing equal
opportunity and addressing income inequality.
With respect to its enforcement authority, the OFCCP
is firmly committed to addressing sex-based
discrimination among federal contractors.
[Comment From SheriSheri: ]
what will the fines be if online systems are not
accessible?
Patricia:
Sheri, thank you for your question. The sanctions
for violations of Section 503 of the Rehabilitation
Act are contract sanctions, meaning violations could
lead contractors to lose their ability to contract
with the government. In addition, contractors who
violate Section 503 are responsible for providing
make whole relief, including back pay, to victims
of discrimination. We encourage you to review the
OFCCP website (http://www.dol.gov/ofccp/)
for additional information regarding sanctions
available under Section 503.
[Comment From GuestGuest: ]
What are OFCCP’s enfrcement mechanisms?
Patricia:
This is response to Guest, OFCCP is responsible for
ensuring that contractors and subcontractors do not
discriminate on the basis of race, sex, religion,
color, national origin, disability, or veteran
status, and that they take affirmative actions to
provide equal opportunities to job applicants and
employees. OFCCP conducts compliance evaluations
and investigates individual complaints to ensure
contractors are not discriminating based on the
above categories. If you feel that you have been
subject to unlawful discrimation by a federal
contractor or federal subcontractor, please do not
hesitate to contact an OFCCP office which can be
found at
www.dol.gov/ofccp.
[Comment From Lisa RosserLisa Rosser: ]
What kind of outreach are you considering to educate
contractors on hiring veterans?
Patricia:
Lisa, thanks for your question. OFCCP views outreach
to veterans’ groups and education to the contractor
community as critical components of its mission.
As part of the announced VEVRAA NPRM, OFCCP will be
inviting veterans’ groups and others to provide
ideas about the best way to strengthen affirmative
action requirements for federal contractors, and
ensure that contractors are clear on these
requirements.
[Comment From StacyStacy: ]
What kind of outreach are you doing to veterans
groups? Particularly, how do you work with other
government agencies to help veterans get jobs?
Patricia:
Stacy, see the response to Lisa on this related
topic.
[Comment From RalphRalph: ]
What plans does the agency have to open offices in
the New York Region to better serve its customers?
Patricia:
Ralph, we currently have six offices in the New York
region, including the headquarters and five district
offices. Contact information for these offices is
available at
http://www.dol.gov/ofccp/contacts/nereg.htm
[Comment From JasonJason: ]
Regarding the ANPRM related to setting placement
goals for disabled individuals and protected
veterans statuses, pending the ability of the ANPRM
to be ultimately approved by the OMB, what data sets
are expected to be used when federal contractors are
looking to set such goals?
Patricia:
Jason, that’s a great question! The OFCCP will be
researching existing data on the availability of
qualified individuals with disabilities and
protected veterans, as well as seeking input from
stakeholders on the types of statistical data that
might be used to develop numerical goals.
[Comment From GuestGuest: ]
What steps are you using to strengthen regulations
governing EEO and AA? It is too my understanding
that OFCCP is conducting more on site audits.
Patricia:
This web chat is occuring quite early in the
regulatory development process. Therefore, it is
premature to discuss particular approaches or
solutions as we are seeking information and input
from all of our stakeholders. We encourage you to
participate in our webinars coming up in January
2010. Information about these webinars will be
posted to
www.dol.gov/ofccp.
Patricia:
Jane, thank you for your question. Executive Order
11246 prohibts discrimination and requires
provides general requirements of affirmative action
for federal contractors. Rulemaking is
necessary in order to develop the specific
parameters of that general requirement. According
to the regulations implementing Executive Order
11246, every contractor is required to have on file
an affirmative action plan. That plan must
include an organization profile, job group analysis,
placement of incumbents in job groups, consideration
for determining availability of job applicants,
comparisons of incumbency to availability and
placement goals. In addition, the employer must
designate responsibility for implementation,
indentifciation of problem areas, action oriented
programs, periodic internal audits, and
documentation.
[Comment From FredFred: ]
Can you tell us if all of the CSAL letters have been
mailed out.
Patricia:
Yes, Fred
[Comment From DougDoug: ]
As the OFCCP gears up with increased staff will it
affect the communications between the Agency and the
Contractor during an audit process?
Patricia:
Doug, thank you for your question. The OFCCP
encourages communication between its staff and
contractor during all phases of the audit and
post-audit processes. Open communication between the
OFCCP and contractors is an important part of our
work. Please visit our Web site for the list of
seminars and workshops,
http://www.dol.gov/dol/calendar/results.asp?location_lst=&agency_lst=23&event_title=&date=—&date_range.
[Comment From AllenAllen: ]
Do you expect that the rules being proposed will
include requirements for new or additional
quantitative analyses in AAPs for veterans,
individuals with disabilites, or construction
contracts?
Patricia:
Allen, thank you for your question. The OFCCP is
currently reviewing the affirmative action
requirements under VEVRAA, Section 503 of the
Rehabilitation Act, and Executive Order 11246 with
respect to construction contracts. The OFCCP is
considering: how the affirmative action requirements
under these laws can be strengthened so that
employment opportunities are measurably increased;
how federal contractors and subcontractors can
improve monitoring of their employment practices to
identify barriers to employment; and what specific
employment practices have been verifiably effective
in the recruitment of job applicants. It is early in
the regulation development process, so it is
premature to discuss particular approaches or
solutions as we are seeking input and suggestions
from all of our stakeholders. We encourage your
participation in the upcoming webinars, town hall
meetings and in responses to the requests for
information that will be contained in the advance
notice for proposed rulemaking for Section 503.
[Comment From William H TruesdellWilliam H
Truesdell: ]
When will your new regulatory proposals be published
in the Federal Register and what will be their
topics?
Patricia:
Thank you for your question, William. OFCCP is
looking at three regulations: Section 503 (for
persons with disabilities), VEVRAA (for protected
veterans) and construction. We expect to publish the
Section 503 ANPRM in December 2010, the VEVRAA NPRM
in December 2010, and the construction NPRM in
January 2011.
[Comment From lynnelynne: ]
what is PNRM?
[Comment From GuestGuest: ]
I’m very familiar with VEVRAA, but I don’t know what
NPRM is referring to. Thank you.
Patricia:
Lynn and others, thanks for the note about the
meaning of NPRM. It stands for "Notice of Proposed
Rulemaking." This informs the public that an agency
is in the process of collecting public input on a
specific regulatory matter. The general public has
the opportunity to submit comments to proposed rules
during the open comment period. The DOL website (www.dol.gov/regulations)
tracks the regulations that are currently open for
comment and provides a link to facilitate the
submission of comments via
www.regulations.gov.
[Comment From MargaretMargaret: ]
What type of proof of outreach to veterans, disabled
veterans, persons with a disability, etc. will you
be looking for in an audit
Patricia:
Thanks for your question, Margaret. As part of the
announced NPRMs, OFCCP is considering ways to
enhance the outreach efforts of contractors to
veterans and disabled workers. It is still quite
early in the process thus it is premature to discuss
particular approaches or solutions we will be
proposing because they are under development.
[Comment From JaneJane: ]
What are the affirmative action requirements of
Executive Order 11246 ? Why is rulemaking necessary
to implement this?
Patricia:
Jane, thank you for your question. Executive Order
11246 prohibits discrimination and provides
affirmative action requirements for federal
contractors and subcontractors. Rulemaking is
necessary in order to develop specific terms of
these requirements. OFCCP’s Web site
www.dol.gov/ofccp gives the details of these
requirements.
[Comment From Shirley J.Shirley J.: ]
Will compensation continue to be a priority for
OFCCP under your administration?
Patricia:
Absolutely! Shirley, compensation disparity issues
are and will continue to be a priority for OFCCP and
for the Secretary, whose vision for DOL is to
increase workers’ incomes and narrow wage and income
inequality.
[Comment From JenniferJennifer: ]
Contractors are currently required to post all jobs
with their State Employment Department as outreach
to veterans. Will there be more posting requirements
to other veteran groups and groups assisting
individuals with a disability, or will the
regulations focus on additional voluntary outreach
activities? What will the new regulations for these
areas involve?
Patricia:
Jennifer, the OFCCP is considering ways to
strengthen affirmative action requirements for
federal contractors and subcontractors. For example,
by requiring substantive analysis of recruitment and
placement actions under VEVRAA and requiring the use
of numerical targets to measure the effectiveness of
affirmative action’s efforts. The OFCCP’s goal is to
increase employment opportunities for veterans
protected by VEVRAA with federal contractors.
[Comment From Sheridan WalkerSheridan
Walker: ]
In looking at accessibility as it relates to the
application process will OFCCP be doing assessmnets
of the contract’s sites as part of the audit?
Patricia:
Sheridan, yes on-line accessability is one of the
OFCCP’s focus initiatives. We consider it a
critical element in ensuring that all applicants
and employees have equal access to employment
opportunities.
[Comment From Pat Schaeffer EEOIMPACTPat
Schaeffer EEOIMPACT: ]
Will systemic compensation discrimination be a
priority during this fiscal year?
Patricia:
Pat, yes, absolutely. However, OFCCP will not be
exclusively focusing on systemic discrimination as
we have in the past few years.
[Comment From Joni BakerJoni Baker: ]
How can organizations such as the American
Association for Affirmative Action assist you and
Secretary Solis with your goals and agenda?
Comment From GuestGuest: ]
Can anyone provide comments to your reg agenda
plans?
Patricia:
Joni and Guest, individuals and organizations can
help us by submitting comments on our proposed
regulations during the comment period. In fact, we
encourage everyone who has an interest in these
regulations to do so.
[Comment From GuestGuest: ]
Do you anticipate sending an additional "heads up"
scheduling letter to contractors in 2010?
Patricia:
No decision has been made with respect to 2010.
OFCCP will be considering the extent to which
contractors who receive the Corporate Scheduling
Announcement Letter (CSAL) letters have all the
requisite documentation upon the commencement of the
audit as a factor in determining whether they will
receive a letter in the future.
[Comment From StanleyStanley: ]
Do you forsee an increase in construction compliance
reviews?
Patricia:
Stanley, yes. OFCCP considers construction
compliance an important part of our enforcement
programs. As you may know, 22 percent of the
American workforce is employed by federal
contractors, of which a significant number are
construction workers. The OFCCP is ready and
available to investigate any individual complaints
from applicants and employees of federal
contractors who allege unlawful discrimination.
Patricia:
I want to thank everyone for participating in this
Web chat. I’m sorry we weren’t able to get to every
question. I am very excited to be a part of this
initiative, and in pursuing Secretary Solis’ vision
of providing good jobs for everyone. To continue
this effort, in January, OFCCP will be hosting three
Webinars, one for each new regulation. In addition,
during the months of February and March, OFCCP will
be traveling across the country to host town hall
meetings. The specific dates and times for these
events will be posted on our Web page and e-mailed
to OFCCP subscribers. If you would like to be added
to our mailing list, you may contact OFCCP through
its hotline at 1 (800) 397-6251 and public e-mail
box at
OFCCP-Public@dol.gov.
Although many, perhaps even most federal contractors
may comply with the law, if you work for a federal
contractor and think that you have been subject to
job discrimination, please call or e-mail us. If you
believe that you did not get a job from a federal
contractor because of discriminatory reasons, please
call or e-mail us. We have six regional offices and
numerous District and Area offices and we are here
to help you. Our offices are listed on our Web site
at
http://www.dol.gov/ofccp/.
Once again, I appreciate your interest in equal
employment and I look forward to hearing from you.
Thank you and Happy Holidays!
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[Comment From AllenAllen: ]