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Archive for February, 2019

OFCCP to post CSAL List on Website (Feb. 2019)

Saturday, February 23rd, 2019

OFCCP is on schedule to post its next Corporate Scheduling Announcement List (CSAL) in OFCCP’s FOIA Library in mid-to-late March 2019. In addition to compliance reviews, the new list will include Section 503 Focused Reviews as outlined in our Focused Review Directive (DIR 2018-04) and compliance checks as outlined in our Affirmative Action Program Verification Initiative Directive (DIR 2018-07). OFCCP also will soon post on its website additional Section 503 contractor compliance assistance resources to help contractors prepare for the upcoming reviews.

This will be the first time OFCCP only posts the CSAL in the FOIA Library and does not mail advanced contractor notifications to individual establishments. Therefore, we strongly encourage contractors to subscribe to OFCCP Email Updates through our website to receive timely notification of the CSAL and other compliance assistance resources real-time.

EEOC PROPOSES CHANGE TO FEDERAL SECTOR COMPLAINT PROCESSING (Feb. 2019)

Monday, February 18th, 2019

Media inquiries: 202-663-4191 or newsroom@eeoc.gov

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today issued a technical Notice of Proposed Rulemaking (NPRM) that proposes a limited procedural change to the federal sector processing regulations. This NPRM was posted by the Federal Register for public inspection today and will be published in the Federal Register on February 14, 2019. Members of the public wishing to comment on the NPRM will have 60 days from the date of publication to do so, through www.regulations.gov.

This NPRM, approved by the Commission in a unanimous vote on December 20, 2018, would change the rule for when a federal sector complainant may choose to withdraw an EEOC administrative appeal (that is, an administrative appeal to the EEOC from the employing department’s or agency’s final action) and instead file a lawsuit in federal court. Federal complainants are not required by statute to appeal to the EEOC before going to court; they simply have that option under the EEOC’s regulation. Under the statute, however, complainants may go directly to court within 90 days of the employing agency’s final action. Because an EEOC administrative appeal is an optional step in the administrative process, this NPRM proposes to permit complainants to change their minds, withdraw an EEOC administrative appeal, and file in court within 90 days of the final agency action. This specific issue was the focus of Bullock v. Berrien, 688 F.3d 613 (9th Cir. 2012), where the Ninth Circuit allowed such a change of course because an EEOC appeal is optional. This NPRM would also propose a parallel change to the procedures governing a complainant’s optional request for administrative reconsideration of an EEOC administrative appeal decision. No other substantive changes are proposed in the NPRM.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its public web site at www.eeoc.gov.

OFCCP: Voluntary Enterprise-wide Review Program (VERP)

Sunday, February 17th, 2019

OFCCP just issued a new directive to establish the Voluntary Enterprise-wide Review Program (VERP). Here’s what federal contractors should know:

What is VERP?

The VERP directive creates the framework of a completely voluntary compliance program for high-performing federal contractors. VERP is part of a broader effort by OFCCP to find innovative ways for ensuring federal contractors comply with equal employment opportunity laws corporate-wide.

What is the benefit in participating?

For contractors who want to be recognized for their comprehensive, corporate-wide inclusion and compliance programs, VERP provides an alternative to OFCCP’s establishment-based evaluations. OFCCP will remove accepted participants from the neutral process the agency uses to schedule establishment-based compliance evaluations for up to 5 years.

How do I participate in VERP?

OFCCP plans to begin accepting applications from federal contractors in the coming year. Part of the application process will include a compliance review of the contractor’s headquarters location and a subset of establishments. Be on the lookout for a message later this year on how to apply.

To read the VERP directive, click here.

Tech Industry Town Halls: OFCCP Wants to Help (Feb. 6, 2019)

Wednesday, February 6th, 2019

The compliance assistance that OFCCP provides is free and critically important to ensuring that federal contractors have the tools and resources needed to comply with their equal employment opportunity obligations.

To enhance the scope and quality of our compliance assistance materials and events, OFCCP is holding two town hall meetings focused on the technology industry.

The town halls will be held in San Jose, California and Seattle, Washington on February 26, 2019 and February 28, 2019, respectively.

You can register for a town hall through OFCCP’s website.

The meetings are open to the public but will be of particular interest to human resource managers, equal employment opportunity specialists, chief compliance officers, and other personnel in the technology industry who are directly involved with ensuring their company’s compliance with OFCCP’s requirements. Workers, jobseekers, community groups and anyone interested in OFCCP and our work are also encouraged to attend. Please note only two tickets are available per organization on a first come, first serve basis.

OFCCP: Celebrating African American History Month (Feb. 2019)

Tuesday, February 5th, 2019

OFCCP joins our Department of Labor colleagues in wishing you and your family a wonderful African American History Month. African Americans have had an indelible impact in shaping our nation, and have made enormous contributions in all areas of American life.

As we look back at the achievements of the African American community, we are reminded of the importance of working towards greater equality and inclusion. At OFCCP, we work everyday to ensure equal employment opportunity in the workplace of federal contractors.

In the past decade, OFCCP obtained over $143 million in relief for victims of employment discrimination.

OFCCP looks forward this month – and every month of the year – to continuing our important work.

Justice Department: Immigrant and Employee Rights Section (IER) Webinar Schedule for February and March 2019

Tuesday, February 5th, 2019

IER Webinars
The Immigrant and Employee Rights Section (IER) is offering a number of free, informative webinars for the public in February and March. These include webinars for workers, employers, and advocates. Please review IER’s webinar schedule to choose the right presentation for you.

IER enforces the anti-discrimination provision of the Immigration and Nationality Act. This law prohibits citizenship, immigration status, and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation. For more information visit www.justice.gov/ier.

IER Training for Worker Advocates

Tuesday, February 12, 2019 at 3:00 pm ET

IER Training for Employers / Human Resources Representatives

Tuesday, February 26, 2019 at 10:30 am ET

Seminario de la IER para trabajadores y sus defensores

Jueves, 28 de febrero, 2019, at 2:00 pm ET

IER Training for Worker Advocates

Thursday, March 7, 2019 at 11:00 am ET

IER Training for Employers / Human Resources Representatives

Wednesday, March 20, 2019 at 2:30 pm ET

Joint Webinars

Joint IER/USCIS Employee Rights Webinar

Wednesday, February 6, 2019 at 11:00 am ET

Joint IER/USCIS Employee Rights Webinar

Tuesday, February 19, 2019 at 1:00 pm ET

Joint IER/USCIS Employee Rights Webinar

Tuesday, March 5 at 2:00 pm ET

IER, ICE, USCIS Tri-Agency Employer Responsibilities Webinar

Monday, March 13, 2019 at 2:00 pm ET

Joint IER/USCIS Employee Rights Webinar

Monday, March 18, 2019 at 3:00 pm ET

For webinar materials in alternate format or other reasonable accommodation requests, contact Lorren Love at Lorren.Love@usdoj.gov or (202) 616-5594 at least one week before the webinar or as soon as possible, to ensure there is adequate time to arrange for the accommodation. In your request, please include a description of the type of accommodation needed and your contact information.

U.S. Equal Employment Opportunity Commission Weekly Digest Bulletin (Feb. 5, 2019)

Tuesday, February 5th, 2019

EXCEL Save The Date
July 30th – August 1st, 2019

It’s time for you to take Examining Conflicts in Employment Law to a new level in 2019!

The U.S. Equal Employment Opportunity Commission (EEOC) is hosting its 22nd Annual Training Conference on preventing employment discrimination for both the federal and private sectors. The conference will take place July 30th – August 1st, 2019 at the Atlanta Marriott Marquis in Atlanta, Georgia.

The theme for this year’s training conference is:

Respect — Opportunity — Inclusion

The EXCEL training conference will offer courses for federal and private sector attendees, to include state and local government. Additionally, this conference will host a day of pre-conference training, including Counselor Refresher, Investigator Refresher, Respectful Workplaces, and more.

Look forward to an exciting and comprehensive training with workshops, exhibitors, and events that will expand your EEO knowledge and provide you with techniques to improve workplace diversity.

Mark Your Calendar and Save the Date

July 30th – August 1st, 2019

Registration Opens in March 2019 at eeotraining.eeoc.gov

Follow Us on Twitter @EEOC_EXCEL

JUSTICE DEPARTMENT REACHES AGREEMENT WITH SELMA MEDICAL ASSOCIATES TO RESOLVE DISABILITY DISCRIMINATION COMPLAINT (2019)

Friday, February 1st, 2019

The Justice Department today announced that it reached a settlement agreement with Selma Medical Associates, Inc. (“Selma Medical”), a privately owned medical facility located in Winchester, Virginia that provides primary and specialty care.

The settlement agreement resolves a complaint that Selma Medical refused to accept a prospective new patient for an appointment because he takes Suboxone, a medication to treat opioid use disorder (OUD). The Justice Department determined that Selma Medical regularly turned away prospective new patients who lawfully take controlled substances to treat their medical conditions. Under the agreement, Selma Medical will not deny services on the basis of disability, including OUD, or apply standards or criteria that screen out individuals with disabilities. The agreement also requires Selma Medical to adopt non-discrimination policies, train staff on its non-discrimination obligations, and report on compliance. Selma Medical will also pay $30,000 in damages to the complainant and a $10,000 civil penalty to the United States.

To find out more about this agreement, or the ADA, call the Justice Department’s toll-free ADA information line at 1-800-514-0301 or 1-800-514-0383 (TDD), or access its ADA website at www.ada.gov.