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Jan 15

OFCCP Fox Report: The Keys to Effective Outreach and “Positive” Recruitment as OFCCP Continues to Headhunt Contractors for Inadequate Outreach

FoxHAPPY NEW YEAR!
Candee, what are your DE [DirectEmployers] Members doing to satisfy OFCCP that they have undertaken sufficient outreach for individuals with disabilities and for protected veterans? As you know, OFCCP concluded its Fiscal Year 2014 on September 30, 2014. The OFCCP enforcement database–which can be found by clicking on this link:  http://ogesdw.dol.gov/views/data_summary.php — reports that in OFCCP’s FY 2014 the “outreach” violation again topped OFCCP’s list as the most frequently cited compliance violation OFCCP found in audits of federal contractors. While the frequency of OFCCP’s compliance violation rates continue to swoon (they have been as high as 76% in the Reagan Administration and 30+% of all audits only three years ago), OFCCP found contractors out of compliance in only 13.3% of all audits closed in FY 2014. However, of the 3,839 Supply and Service audits OFCCP reported closing in FY 2014, the agency signed 510 Conciliation Agreements and 2 Consent Decrees. Of those 510 CAs, 293 of them were due to “recruitment” (or failure of outreach) violations = 57.5% or 7.6% of all audits closed…its number one violation far and away above even recordkeeping violations (222 = 43.5% of all CAs or only 5.8% of all audits closed)… Read more.

THIS COLUMN IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO OFCCP. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK ADVICE OF COUNSEL.

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