February 16, 2010

DOL RELEASES OFCCP ENFORCEMENT BUDGET AND INITIATIVES FOR 2011

The full report is available at http://www.dol.gov/dol/budget/2011/PDF/CBJ-2011-V2-04.pdf. Major features include:

· OFCCP will randomly select establishments 2 industries in FY 2010 for baseline measures. Establishments will be re-evaluated in FY 2013 for comparison to the 2010 evaluations. The purpose is to determine if establishments previously evaluated achieve greater compliance when compared to establishments not previously evaluated.
· OFCCP will use its Corporate Management Compliance Evaluation list in a multi-establishment evaluation to assess whether OFCCP’s activities within a single corporation leads to increased compliance by the other establishments within the that corporation. An equal number of random samples will be drawn in 2010 and 2011 to determine if the 2011 evaluations result in higher compliance rates than the 2010 sample.
· OFCCP will complete at least 10 investigations in individual VEVRAA and disability discrimination cases as part of its goal of ensuring a “voice in the workplace.” The goal is to ensure that individuals, as well as classes are fairly treated in the workplace.
· OFCCP will increase compliance evaluation among persistent and egregious violators. An outside consultant will develop a statistical model for targeting violators, and the model will be implemented in FY 2011.
· OFCCP will broaden enforcement efforts relating to both individual and systemic discrimination. The focus will include harassment, retaliation, termination and failure to promote.
· OFCCP will overhaul its Contractor Compliance Manual and develop comprehensive training to help augment the skill sets of its workforce.
· OFCCP will overhaul how it selects contractors for it reviews. The process for referring cases for litigation will be “reengineered.”
· OFCCP will recruit front-line EEO specialists with special outreach emphasis on veterans and individuals with disabilities.
· OFCCP is committed to resolve at least 80 cases in FY 2010 under E.O. 11246, a 77% increase compared to the FY 2009 goal of 45 cases. Priorities will include wage discrimination, promotion, and entry-level jobs.
· OFCCP will increase the percentage of evaluations on compensation discrimination. FY 2010 will serve as a baseline for refinement of “compensation discrimination investigative procedures.”

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