Tuesday, August 16, 2016

New OFCCP Sex Discrimination Regulations In Effect August 15, 2016 View Report Campaign Preview HTML Source Plain-Text Email Details

The New OFCCP Sex Discrimination Regulations go into effect on August 15, 2016 and rescind the outdated Sex Discrimination Guidelines of 1970. The new regulations are designed to ensure that federal contractors and subcontractors do not discriminate against applicants or employees because of their sex. The regulations address many of the barriers to equal opportunity and fair pay that workers face in the workplace today such as pay discrimination; sexual harassment; lack of accommodations for pregnancy, childbirth, and related medical conditions; discrimination because of employees’ gender identity; and discrimination based on stereotypes about sex roles, such as who the primary caregiver is in a family. The OFCCP also updated the regulations to incorporate current Title VII jurisprudence to facilitate contractor understanding and compliance. The regulations also provide examples of best practices for prevention of these kinds of discrimination. 
 
For more information about the rule please visit www.dol.gov/ofccp/sexdiscrimination.html.

Tuesday, July 26, 2016

Nicolas Paul And Christie Hermann To Present At National ILG Conference - Charlotte, North Carolina

On Tuesday, August 2, Kairos’ Director of Operations, Nicolas Paul, and IT Project Manager, Christie Hermann, will present at the 2016 ILG National Conference, First in Flight, in Charlotte, North Carolina. Mr. Paul will present a session entitled “Affirmative Action 101” while Mrs. Hermann will present “Taking Your Data Crunching Skills to a New Level”. Click here to download the conference agenda.
 
Mr. Paul and Mrs. Hermann regularly present compliance strategies to Federal Contractors covering new and forthcoming regulatory changes at local, regional and national ILG Conferences. As a Kairos client you can receive a complimentary copy of the “Affirmative Action 101” and “Taking Your Data Crunching Skills to a New Level” presentations by emailing experts@kairosservicesinc.com or calling 972-369-0015.
 
The National Industry Liaison Group (NILG) is a non-profit organization formed in 1992 for the main purposes of improving communications between the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) and Industry Liaison Groups (ILGs); and, enhancing the quality and overall effectiveness of Industry Liaison Groups. The NILG Board supports approximately 61 ILGs which are comprised of small, mid-size and large federal contractors and subcontractors across the country. Local ILGs are in every Department of Labor (DOL) region. No other employer association has a broader base of constituents focused on EO/AA matters. Since its beginning, the National Industry Liaison Group has continued to improve and enhance its structure, purpose, and membership; and has evolved to address new challenges and opportunities.

Wednesday, June 22, 2016

OFCCP’s National Annual Benchmark For VEVRAA Lowered To 6.9 Percent

OFCCP has announced that the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) benchmark has been lowered to 6.9 percent, from the previous 7 percent benchmark. National and state information has also been updated in the VEVRAA Benchmark Database for federal contractors and subcontractors who calculate an individualized hiring benchmark using the five-factor method. 

The Annual National Benchmark, as well as data for calculating individual hiring benchmarks, can be found at https://ofccp.dol-esa.gov/errd/VEVRAA.jsp.

If you have any questions whatsoever concerning these changes, please contact Nick Paul at Nick@KairosServicesInc.com or call the Kairos office at 972-369-0015. 
 
Nicolas Paul
Director of Operations

Tuesday, June 7, 2016

EEOC Increases Monetary Penalties For Posting Violations

Pursuant to section 711 of the Civil Rights Act of 1964 (Title VII), incorporated by reference in the Americans with Disabilities Act (ADA) and the Genetic Information Non-Discrimination Act (GINA), covered employers must post notices describing the pertinent provisions of the abovementioned Acts in prominent and accessible places where notices to employees and applicants are customarily maintained. Employers who fail to comply with the posting requirements are now subject to a penalty of $525 per violation, a 150% increase from the previous $210 fine. Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, federal agencies are now required annually to adjust the maximum civil penalty imposed by the agency’s statues with a maximum adjustment of 150% for the first adjustment made under the 2015 Act1. With this new regulatory mandate to submit annual increases it’s likely the penalty will be steadily increased in the coming years to nearly $800 per violation2.

Kairos urges you to ensure your internal (intranet, breakrooms, etc.) and external (Career Pages, Online Application Systems, etc.) postings are compliant and up-to-date. The most current postings and requirements can be found on the Kairos Client Portal.

If you have any questions concerning this communication please contact your Kairos representative, Nick Paul at Nick@KairosServicesInc.com, or call Kairos’ office at 972-369-0015.


1. Based on the mathematical calculation for inflation from 1964 to 2015, the inflation-adjusted penalty is $765. However, since the penalty was $210 previously, the adjustment can only be increased by 150% capping this year’s penalty violation at $525. ($210 x 150% = $525). Therefore, it is expected that adjustments for the next year will approximate the $765 figure.

2. See “Adjusting the Penalty for Violations of Notice Posting Requirements”, Section “II. Mathematical Calculation” for further explanation. (Federal Register, Vol. 81, No 106, Thursday, June 2, 2016) https://www.gpo.gov/fdsys/pkg/FR-2016-06-02/pdf/2016-12999.pdf

Wednesday, May 11, 2016

Gender-based Hiring Discrimination Settlement

The OFCCP just announced that a federal food service contractor, Gordon Food Service Inc., has employed gender-discriminatory hiring practices for entry-level warehouse jobs in several states. This is the second time Gordon Food Service Inc. has settled with the OFCCP for discriminatory employment practices, the first time settling for $405,000 and most recently for $1.85M. The OFCCP found that Gordon Food Service Inc employed gender discriminatory hiring practices, resulting in systemic discrimination against 926 qualified female warehouse job seekers. While Gordon Food Service Inc has never admitted liability, they will pay a total of $1.85 million to female applicants, hire 37 female applicants and stop using discriminatory hiring practices, including strength tests. For more information, please follow this link.

Thursday, April 28, 2016

OFCCP Directive for Functional Affirmative Action Programs

The OFCCP created a directive regarding applying for and maintaining Functional Affirmative Action Program (FAAP) Agreements. The directive can be found on this link.


The OFCCP also announced an informational webinar outlining functional affirmative action programs (FAAP) and how contractors can apply for and maintain FAAPs. An hour-long, informational webinar will be held on May 19, 2016. To register, please follow the link.

Monday, February 1, 2016

EEOC Proposes Revision to EEO-1 Reports - Compensation Data

On Friday, January 29, President Obama announced EEOC’s proposal to amend the annual EEO-1 report by adding pay and related information. The proposal would require employers with 100 or more employees to submit their annual EEO-1 report to include pay data from employee W-2 earnings as well as hours worked. The first submission under the proposal is due September 30, 2017.

EEOC’s decision to utilize W-2 earnings will provide the agency with a more comprehensive picture of employee pay as it accounts for factors such as commissions, tips, taxable fringe benefits, overtime, shift differentials, and bonuses. While utilizing the existing EEO-1 job categories, the proposed EEO-1 report will also include 12 pay bands for compensation data submission (click here to view their sample). The EEO-1 will also require collection of the total number of hours worked by the employees included in each EEO-1 pay band cell and by race, ethnicity and sex.  EEOC maintains pay bands will generate more reliable aggregated data to support more meaningful analysis in determining pay discrimination.

Kairos suggests employers begin evaluating their pay practices to ensure compensation disparities do not exist based on race, sex or ethnicity. Where differences exist, Kairos recommends gathering appropriate documentation to explain the disparity in the event of an OFCCP or EEOC audit.

Anyone who wants to comment on this EEOC proposal has 60 days after publication to do so, or until April 1, 2016. Comments may be submitted on-line, by mailing a hard copy (submitted to Bernadette Wilson, Acting Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, 131 M Street NE., Washington, DC 20507), or by facsimile transmission (202-663-4114).

In the coming weeks and months Kairos will provide additional guidance for our clients based on this proposal and offer strategies for preparing your 2017 submission. If you have any questions in the interim please do not hesitate to contact our office at 972-369-0015.