Decades ago, long before employers used the Internet for recruiting, employers used to advertise job vacancies in the newspaper. The OFCCP knows this because its current sex discrimination guidelines reference the old newspaper way of recruiting. The current version of OFCCP’s regulations state: Advertisement in newspapers and other media for employment must not express a sex preference unless sex is a bona fide oc...

This article discusses the trend by electronic applicant tracking systems to permit recruiters greater flexibility in moving applicants, who applied under one requisition, into a different requisition, so that the applicant may be considered for the same job at a later date or for other roles besides the one to which he or she applied. We disfavor that trend for government contractor employers subject to OFCCP's juris...

Regardless of where the Trump Administration takes the OFCCP, it seems likely that meaningful outreach for veterans and individuals with disabilities will remain a priority. Government contractors need to be mindful of what the regulations require as to the assessment of that outreach, what proof OFCCP is likely to ask for in an audit, and how contractors can meet these obligations. Background and Introduction of Assessm...

Raising the Stakes in Compliance Reviews and Complicating Conciliation Efforts The vast majority of contractors that have been cited by OFCCP for violations involving discrimination have been willing to enter into voluntary conciliation agreements to resolve their compliance reviews. OFCCP’s statistics bear that out. Out of thousands of compliance reviews every year, most of them are resolved with a Notice of Com...

On Wednesday July 2, 2014, The Washington Post ran an article about the pay gap between men and women working in the White House. According to The Post, “[t]he average male White House employee currently earns about $88,600, while the average female White House employee earns about $78,400, according to White House data released Tuesday [July 1, 2014]. That is a gap of 13 percent.” Or, said differently, women earn $0.87,...