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From National Law Review:

OFCCP recently requested approval to modify the form to allow for a drop-down menu of the three possible responses, rather than checkboxes or radio buttons.  OFCCP states in its request justification that the requested change comes in response to contractor suggestions.  The revised form would ask the question, “Do you have a disability” followed by a drop-down menu with the three response options:  Yes, I have a disability (or previously had a disability); No, I don’t have a disability; and I don’t wish to answer.  The functionality of the proposed form would also apparently allow an individual to leave the drop-down box empty, as with a hardcopy form.

See full article here: http://www.natlawreview.com/article/ofccp-responds-to-contractor-requests-seeks-approval-drop-down-box-and-7-languages-d


OFCCP has posted Directive 2014-02, Gender Identity and Sex Discrimination (DIR 2014-02).

On June 30, 2014, the Secretary announced that DOL is updating its enforcement protocols and nondiscrimination guidance to reflect that DOL provides the full protection of the federal nondiscrimination laws that it enforces to individuals with claims of gender identity and transgender status discrimination. In accordance with this announcement, as well as with the EEOC’s decision in Macy v. Holder and the Title VII case law on which it is based, DIR 2014-02 clarifies that under Executive Order 11246, as amended, discrimination on the basis of sex includes discrimination on the bases of gender identity and transgender status.

The directive reaffirms that in compliance evaluations and complaint investigations, OFCCP fully investigates and seeks to remedy instances of sex discrimination that occur because of an individual’s gender identity or transgender status. The directive explains that, when investigating such instances of potential discrimination, OFCCP adheres to the existing Title VII framework for proving sex discrimination, as outlined in OFCCP’s Federal Contract Compliance Manual.

DIR 2014-02 takes effect immediately.

The directive is available at http://www.dol.gov/ofccp/regs/compliance/directives/dir2014_02.html 




OFCCP has mailed a new wave of advance audit notification letters.  These letters, addressed to "Human Resources Director" and not to specific individuals, were mailed to individual locations without corresponding notice sent to corporate offices.


When determining which individuals to include in an AAP, a contractor should include all of its employees who worked at that establishment during the AAP’s term (e.g., calendar year or fiscal year).  However, sometimes an individual working at the establishment may be an “independent contractor,” or other non–employee worker, who does not have an employment relationship to the contractor.  If a contractor is not sure whether an individual  working at the establishment is an  “employee,” it  should examine the  individual worker’s relationship to the contractor using  certain, specific factors  derived from a 1992 U.S. Supreme Court decision called Nationwide Mutual Insurance Co. v. Darden, 503 U.S. 318 (1992).  See Federal Contract Compliance Manual (FCCM), Key Words and Phrases, p. 298 (defining “employee”).

The application of the Darden factors is a fact–specific, case–by–case assessment, not a simple, bright–line test.  If a contractor believes that a worker may not be an employee, the contractor must assess and weigh each of the Darden factors with respect to its relationship with that individual. While no one factor will necessarily be decisive, the factors that indicate the extent to which the contractor controls the manner and means of the individual’s performance of his or her work will typically be most important in theDarden analysis.  See Equal Employment Opportunity Commission (EEOC) Compliance Manual, Section 2, Threshold Issues, Part 2–III, Covered Parties, available at http://www.eeoc.gov/policy/docs/threshold.html#2-III-A-1 (May 12, 2000).

See complete FAQ here: http://www.dol.gov/ofccp/regs/compliance/faqs/Employer-Employee_Relationship.html



The Office of Federal Contract Compliance Programs (OFCCP) invites you to a webinar on two recently revised regulations that represent an historic advance in employment rights for veterans and individuals with disabilities.  By strengthening longstanding regulations under the Vietnam Era Veterans’ Readjustment Assistance Act(VEVRAA) and Section 503 of the Rehabilitation Act, the new rules will ensure that qualified applicants and workers have more meaningful opportunities to find, secure and keep good jobs.

During this webinar OFCCP will address the changes to the regulations and provide guidance to new and small federal contractors and subcontractors to help them understand their responsibilities. They will also answer questions at the conclusion of the presentation.

To read the new regulations, please visit the OFCCP website – www.dol.gov/ofccp

 Date:                           June 17, 2014

Time                            2:00 p.m. to 3:30 p.m.                      

Registration Link:


 Once your registration has been received, you will be sent a confirmation email with the teleconference and Webex login information.


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