Adverse Impact (AI) analysis between two groups is simple and straightforward. Historically, Whites were considered the majority compared to all other groups, but today best practices dictate a closer look at all race groups. AI investigations become significantly more complex when there are two or more groups to analyze, such as the case with individual race (e.g., Asian, African-American, Hispanic, White). Specifically,...

On December 22, 2017, President Trump signed a sweeping tax bill (the 'Tax Cuts and Jobs Act' or 'Act') that overhauls much of the United States tax code and touches almost every section of the country's economy. Hidden within the more than 1,000 pages of the recently-passed GOP tax plan is a relatively small provision suddenly getting a lot of attention from employers and their counsel. Section 13307 of the Act &n...

In my initial article, published on November 17, 2017, I proposed an evaluation of OFCCP's recent regulatory and enforcement positions through the lenses of the fundamental and perennial question, 'What is Law?' I outlined controversial positions taken under a different Administration, and the new Administration's consideration of the regulatory and enforcement approaches to be implemented on its watch. I also not...

On February 1, 2018, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) sent 1,000 notices to federal contractors and subcontractors. These notices inform employers that one or more of their facilities are likely to be the subject of an affirmative action compliance review during 2018. OFCCP has been sending these notices to employers for about ten years. These notices, which are...

Dan Newberry joined the Army right after high school, expecting to complete a lifelong military career. That plan ended abruptly in 2012. Honorably discharged due to a medical-related disability, Dan soon found himself adrift. 'I went from having a sense of responsibility, pride and direction in life, to nothing. It was incredibly difficult,' he recalled. Trained as a paratrooper of the Army's Airborne Infantry...

96 The OFCCP Digest is a complimentary resource for federal contractors on topics of Affirmative Action, EEO, and government compliance....

Pause for a few seconds and make a mental note of the five-to-10 most recent examples of people who were rewarded within your organization. In other words, who got a raise, a bonus, a promotion, an award or some other form of recognition for a job well done? In many organizations, perhaps even most, those honors go to people who achieved some tangible, measurable result. They hit their sales goals, signed a new client, o...

Do you supervise or manage anyone? Are your subordinates suffering from job stress? Does your work environment contribute to worker stress? Do you address job stress issues? According to the National Institute for Occupational Safety and Health (NIOSH), job stress occurs when job requirements don’t match employee capabilities, resources or needs. Wide spread and costly, job stress is called a “world health e...

Google the words “team, build, work,” and you will get an infinite number of results for pages filled with inspirational, motivational quotes, and uplifting stories of how to build an effective team. You also know the reality of many of the teams on which we work–one person takes the lead, one person’s ideas are rejected, another member contributes minimally, and the rest go along for the ride. We ar...

Chief Research Officer and Co-Founder of Aptitude Research Partners Madeline Laurano recently shared data from 1,000 organizations to qualify the link between human capital practices and business results. Laurano and her colleagues found that onboarding is the linchpin to everything related to talent management, and both employers and candidates are asking for a new hire experience that is continuous, dialogue-driven, an...