OFCCP Overview and Update Southeast Regional Director, Sam Maiden

Protects workers by ensuring equal employment opportunity,

Promotes diversity through affirmative action, and

Enforces the law by conducting impartial, thorough, and comprehensive evaluations and

investigations.

Strengthening Civil Rights Enforcement

•  Using Injunctive-Type Relief to End Discriminatory Employment Practices and to Ensure Lasting Change in America’s Workplaces. •  Combatting Religious Discrimination

Strengthening Civil Rights Enforcement

•  Coordinating Multi-Establishment Evaluations and Sharing Across Regions for Effective Enforcement.

•  Collaborating with DOJ and EEOC. •  Improving the Quality of Compliance Evaluations.

Strengthening Civil Rights Enforcement

•  Locating victims of discrimination and providing relief through a class member locator.

•  Changed the way we notify workers about opportunities to get back pay and jobs.

•  Broadened impact and addressed more discriminatory practices on behalf of workers across a range of job groups and industries.

Program Priorities

•  Ensuring Equal Pay without Discrimination •  Updating Sex Discrimination Guidelines with new

Regulations •  Protecting Veterans and People with Disabilities •  Implementing nondiscrimination protections, based

on sexual orientation and gender identity

Program Priorities

•  Providing Pay Transparency •  Ensuring workers with prior criminal histories get a

second chance •  Mega Construction Projects

Indian and Native American Employment Rights Program

•  Establishes partnerships and linkages between federal contractors and Indian and Native American community recruitment sources where federal contract work is being performed

•  Provides compliance assistance to tribal entities and community based organizations

•  Implements the MOU between OFCCP and the Council for Tribal Employment Rights

•  Works with Tribal Employment and Training Departments

Ensuring Equal Pay without Discrimination

Since President Obama launched the National Equal Pay Task Force in January 2010 through December of 2015, we have obtained more than $5.5 million for nearly 3,000 workers who were paid unfairly.

Providing Access to Jobs

• Mega Construction Project Initiative •  Currently, more than half of

OFCCP’s field offices are working on MCPs across all six regions

Creating Employer Accountability for Progress

•  New Disability and Veterans’ Employment Regulations •  Court affirmed our rulemaking with

respect to improving employment opportunities for qualified workers with disabilities.

Implementing New Protections Based on LGBT Status

•  Enforcing the first federal regulatory protections for lesbian, gay, bisexual and transgender workers.

Executive Order 13672

•  Covered employers are prohibited from discrimination against their employees on the basis of sexual orientation and gender identity.

•  New rule does not require employers to undertake new recordkeeping, data analysis, goal setting or other similar affirmative action.

•  Contractors required to make it clear in all job advertisements that all qualified applicants will receive consideration for employment without regard to sexual orientation and gender identity.

Providing Pay Transparency

•  Employers Can Safely Discuss their Pay and Timely Pursue a Remedy

•  Prohibits contractors and subcontractors from disciplining or firing employees for attempting to learn if they are victims of compensation discrimination and, in certain instances, sharing pay information with their coworkers.

•  Applies to Federal Contracts and Subcontracts Entered Into or Modified On or After January 11, 2016

Removing Barriers to Finding Systemic Pay Discrimination

•  We removed artificial barriers to finding and resolving systemic, wage-based discrimination by rescinding two enforcement guidance documents commonly known an as “Compensation Standards” and “Voluntary Guidelines”.

•  After rescinding, the proportion of systemic pay discrimination cases increased dramatically - rising from 13% to 70%.

Replacing Outdated Sex Discrimination Guidelines with Regulations that Reflect Today’s Workplace Realities

•  New regulations address –  Unfair pay –  Sexual Harassment –  Lack of accommodation's because of pregnancy –  Discrimination based on gender identity –  Discrimination based on stereotypes such as who the

primary caregiver is in the family

Ensuring Workers with Prior Criminal Histories Get a Second Chance

•  Contractors who use criminal record restrictions to screen out applicants may violate Executive Order 1246 if the restrictions are applied in a discriminatory manner or have a disparate impact and are not job-related and consistent with business necessity.

OFCCP Regional Map

Questions

§  OFCCP’s Website: www.dol.gov/OFCCP

§  Help Desk: (800) 397-6251 TTY: (877) 889-5627