The OFCCP Digest Volume 7, Issue 4

The Importance of Well-Written Job Descriptions and Periodic Reviews of Job Qualifications Topic: EEO
Most employers are well aware of the importance of having well-written, accurate, and effective job descriptions. Indeed, good job descriptions have several benefits including, but not limited to, the following...more
	Carmen Couden, Esq. Partner, Foley & Lardner LLP

Government Contractor Paid Leave Accrual - Does It Apply to Your Employees? And If So, What Does It Require? Topic: Paid Leave
Regulations implementing Executive Order 13706, which requires affected employers to provide paid sick leave of up to 56 hours per year to certain employees, became effective on January 1, 2017. While it remains to be seen whether the Trump Administration will withdraw or...more
	Tom Rebel, Esq. Partner, Fisher Phillips LLP

What If Your Organization Gets Sued for Employment Testing? A Case Study of an EEO Employment Test Validation Suit: Smith vs. City of Boston - Part 1 Topic: EEO
Each year, the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Justice, the Office of Federal Contract Compliance Programs (OFCCP), or plaintiffs represented by private counsel, litigate cases under Title VII of the Civil Rights Act of 1964. Many of the...more
	Chris Atkinson Test Development and Validation Consultant

Drug-Free Workplace Policies: Must We? Should We? May We? Topic: DOL
Do you have a drug-free workplace policy in place? Until 2010, the Department of Labor (DOL) enforced the drug-free workplace program, under the authority of the Drug-Free Workplace Act of 1988. This statute requires federal contractors with contracts of at least $100,000 and...more
	Marilynn L. Schuyler, Esq. Counsel, Schuyler Affirmative Action Practice

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 LocalJobNetwork.com to submit a question. Questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.

Question: Reaffirmation of Affirmative Action Policy Statement

Are we required as a Federal Contractor to post the Reaffirmation of Affirmative Action Policy Statement along with the signed copy of the EEO/AA Policy Statement? It seems that it would be redundant. I'm not understanding the purpose of the Reaffirmation Statement or if it’s required. I can't find anything on the OFCCP website regarding this, so if you can kindly shed some light on this subject, it would be much appreciated. Thank you!

Answered by Bill Osterndorf from HR Analytical Services:

The affirmative action program regulations regarding protected veteran and disability status require that federal contractors and subcontractors have an EEO/AA policy statement. These regulations require that the policy statement is posted for employees to view, and that the policy statement is included in the AAPs for protected veterans and individuals with disabilities. (See 41 CFR 60-344.44(a) and 41 CFR 60-741.44(a).) There is nothing that says there must be a separate reaffirmation of the policy.

The Executive Order affirmative action regulations for supply and service contractors do not explicitly require the creation of an EEO/AA policy statement, nor do they require a reaffirmation of the policy statement.

Appellate Court Rules Discrimination Based on Sexual Orientation is Illegal Under Title VII

On April 4, 2017, the Seventh Circuit Court found that discrimination on the basis of sexual orientation is prohibited by the Civil Rights Act of 1964. This is the first court to rule that discrimination related to sexual orientation falls under “sex discrimination,” which is forbidden under Title VII. This ruling now makes sexual orientation discrimination illegal in the Seventh Circuit Court districts. While the matter remains uncertain in other circuit courts, it strengthens the position taken by the Equal Employment Opportunity Commission (EEOC) that sexual orientation discrimination is prohibited under Title VII.

Annual VEVRAA Hiring Benchmark Drops to 6.7 Percent

The Office of Federal Contract Compliance Programs (OFCCP) announced that the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark has been adjusted to 6.7 percent. The benchmark reflects the national percentage of veterans in the civilian labor force and is effective as of March 31, 2017. Federal contractors who are required to have a written Affirmative Action Plan (AAP) must establish a hiring benchmark for protected veterans each year or adopt this national benchmark provided by OFCCP. Contractors must compare the percentage of employees who are protected veterans to the hiring benchmark when assessing the effectiveness of their veteran outreach efforts. You can find prior year hiring benchmark data on the DOL website.

Read more DOL Highlights throughout the month for timely updates.

May is National Military Appreciation Month

This May we will celebrate National Military Appreciation Month, a commemorative month designated by Congress in 1999 as a way to honor the nation’s past and present military members. The month includes a variety of military-centric commemorations, such as Loyalty Day (May 1), Victory in Europe (VE) Day (May 8), Military Spouse Appreciation Day (May 12), Armed Forces Day (May 20), and Memorial Day (May 29).

For more information on how you can support active military members and veterans, visit www.nmam.org/about.

Contact Us
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 OFCCPDigest@LocalJobNetwork.com.

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.