DOL Regulations - Live Q&A Session with OFCCP
The live chat with OFCCP has concluded. Please view the archive of the chat below or join us for one of the other live chats scheduled for this week.
Archived Q&A Session with OFCCP
Tuesday December 8, 2009
3:01 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 Federal contractor employees as well as applicants for Federal contractor jobs, and ensures that workers and applicants are not subject to discrimination, 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 serious responsibilities 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 employment 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!
3:04 Comment From Allen: 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?
3:04 Patricia Shiu: While we do expect to hire several new employees, we are in the midst of this process, which has not yet been finalized.
3:06 Comment From Kevin McGowan: What changes from the Bush administration's approach toward affirmative action enforcement or construction industry enforcement is being planned for 2010?
3:06 Patricia Shiu: 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.
3:08 Moderator: Here is a photo of OFCCP Director Patricia Shiu (center) working on a response to Kevin's question.
3:08 : 
3:12 Comment From Pat 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?
3:12 Patricia Shiu: Pat, thank you for your question. I can tell what OFCCP is committed to doing under this Administration. We will vigorously enforce all three laws under each jurisdiction: Executive Order 11246, Section 503 of the Rehabilitation 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.
3:14 Comment From Guest: How will the NPRMs assist veterans into job placements?
3:14 Patricia Shiu: Regarding the question from Guest, OFCCP is considering ways to strengthen affirmative action requirements 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.
3:15 Comment From Jason: 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 process and are ultimately approved by OMB?
3:15 Patricia Shiu: 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.
3:17 Comment From Fred: 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?
3:17 Patricia Shiu: 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.
3:21 Comment From Sheri: what will the fines be if online systems are not accessible?
3:21 Patricia Shiu: 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.
3:23 Comment From Guest: What are OFCCP's enforcement mechanisms?
3:23 Patricia Shiu: 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.
3:24 Comment From Lisa Rosser: What kind of outreach are you considering to educate contractors on hiring veterans?
3:28 Patricia Shiu: 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.
3:28 Comment From Stacy: What kind of outreach are you doing to veterans groups? Particularly, how do you work with other government agencies to help veterans get jobs?
3:29 Patricia Shiu: Stacy, see the response to Lisa on this related topic.
3:34 Comment From Ralph: What plans does the agency have to open offices in the New York Region to better serve its customers?
3:34 Patricia Shiu: 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.
3:34 Comment From Jason: 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?
3:34 Patricia Shiu: 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.
3:34 Comment From Guest: 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.
3:34 Patricia Shiu This web chat is occurring 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.
3:36 Patricia Shiu: Jane, thank you for your question. Executive Order 11246 prohibits 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, identification of problem areas, action oriented programs, periodic internal audits, and documentation.
3:37 Comment From Fred: Can you tell us if all of the CSAL letters have been mailed out.
3:38 Patricia Shiu: Yes, Fred.
3:45 Comment From Doug: As the OFCCP gears up with increased staff will it affect the communications between the Agency and the Contractor during an audit process?
3:45 Patricia Shiu: 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.
3:47 Comment From Allen: Do you expect that the rules being proposed will include requirements for new or additional quantitative analyses in AAPs for veterans, individuals with disabilities, or construction contracts?
3:47 Patricia Shiu: 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.
3:48 Comment From William H Truesdell: When will your new regulatory proposals be published in the Federal Register and what will be their topics?
3:48 Patricia Shiu: 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.
3:49 Comment From lynne: what is PNRM?
3:49 Comment From Guest: I'm very familiar with VEVRAA, but I don't know what NPRM is referring to. Thank you.
3:49 Patricia Shiu: 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.
3:49 Comment From Margaret: What type of proof of outreach to veterans, disabled veterans, persons with a disability, etc. will you be looking for in an audit
3:49 Patricia Shiu: 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.
3:51 Comment From Jane: What are the affirmative action requirements of Executive Order 11246 ? Why is rulemaking necessary to implement this?
3:52 Patricia Shiu: 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.
3:52 Comment From Shirley J.: Will compensation continue to be a priority for OFCCP under your administration?
3:52 Patricia Shiu: 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.
3:56 Comment From Jennifer: 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?
3:56 Patricia Shiu: 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.
3:56 Comment From Sheridan Walker: In looking at accessibility as it relates to the application process will OFCCP be doing assessments of the contract's sites as part of the audit?
3:56 Patricia Shiu: Sheridan, yes on-line accessibility 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.
4:00 Comment From Pat Schaeffer EEOIMPACT: Will systemic compensation discrimination be a priority during this fiscal year?
4:00 Patricia Shiu: Pat, yes, absolutely. However, OFCCP will not be exclusively focusing on systemic discrimination as we have in the past few years.
4:01 Comment From Joni Baker: How can organizations such as the American Association for Affirmative Action assist you and Secretary Solis with your goals and agenda?
4:01 Comment From Guest: Can anyone provide comments to your reg agenda plans?
4:01 Patricia Shiu: 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.
4:02 Comment From Guest: Do you anticipate sending an additional "heads up" scheduling letter to contractors in 2010?
4:03 Patricia Shiu: 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.
4:07 Comment From Stanley: Do you foresee an increase in construction compliance reviews?
4:07 Patricia Shiu: 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.
4:08 Patricia Shiu: 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!
To be notified about future Web chats, please subscribe to our Web chat notification list.
