OFCCP QUESTIONS
How do employers conduct a compensation
self-analysis?
The following are web-sites that offer direction on 3 different methods
for self-audits
http://www.dol.gov/dol/esa/public/regs/compliance/ofccp/practice.htm
Best Compensation Practices Web site
http://www.dol.gov/dol/esa/public/regs/compliance/ofccp/compdata.htm
How to conduct Self Analysis Compensation Review.
This site gives 3 examples to analyze your compensation data.
What
is Compensation Analysis?
The
term "compensation discrimination" encompasses at least four distinct
concepts:
(1)
disparate treatment in pay in relationship to the established range for a job,
whether at entry or later (e.g., Blacks with backgrounds similar to Whites on
the legitimate factors considered for initial salary are hired at less money,
etc.)
(2)
discrimination in the opportunity to earn money (e.g., discrimination in
placement, job assignments, promotions, the opportunity to work overtime, etc.)
(3)
Equal Pay Act-type discrimination (i.e. sex-based differentials in wages paid
for "substantially equal" work)
(4)
comparable worth discrimination (paying different wages for jobs of equal
value).
The
Executive Order reaches at least as far as the first three type of compensation
discrimination. However, courts have generally been hostile to Title VII cases
based on the comparable worth theory. Further guidance on compensation analysis
will be provided.
How
does an employer get on the Sexual Harassment Honor Roll?
OFCCP’s
Racial/Sexual Harassment Honor Roll Initiative
By Carol A. Dawson, EEO Guidance, Inc.
The Region IV (Southeast Region) has
an initiative or certification process for federal contractors/subcontractors
to be acknowledged for exemplary performance to halt racial or sexual
harassment. This certification is
called the Racial/Sexual Harassment Honor Roll Initiative.
I recently learned from Ms. Marva James, Region IV
Senior Compliance Assistance Advisor, that the initiative is designed
to accomplish the following:
Ø
Provide prevention techniques and tools
Ø
Recognize companies with aggressive
prevention programs
Ø
Utilize effective investigative methodologies
Ø
Identify and resolve harassment effectively
Suggestions for the effective
prevention of a hostile work environment include:
Ø
Develop a zero tolerance policy statement
Ø
Disseminate the policy
Ø
Provide regular training to all managers and
supervisors
Ø
Train all employees on prohibited activities
Ø
Develop internal complaint procedure
Ø
Schedule regular workplace inspections
Ø
Establish procedures for immediately
remedying harassment including:
v
Ensuring the harassment ceases, including a
follow-up monitoring system
v
Make the victim whole (financially, other)
v
Take disciplinary action
v
Conduct training and reiterate policy
v
Expunge derogatory records of victims
OFCCP Region IV recommends companies for
the Racial/Sexual Harassment Honor Roll if they have an aggressive and
comprehensive prevention program for the Honor Roll and have been audited by
OFCCP.
If your Company or Agency is to create
an environment free of harassment, these are excellent tools to assist in
creating such an atmosphere. Contact
us for more information or to assist you in becoming an Harassment Honor Roll
caliber facility.
What
is the definition of an applicant?
The
OFCCP does not determine who is an applicant. The Regulation 41CFR60-3
gives the regulatory requirements for applicant tracking.
Do
we have to list applicants that are a result of a search on the internet?
The
answer given at the seminar was a general answer to a general question.
Screening resumes on-line is the same as screening paper resumes.
Contractors have the responsibility for record keeping and retention and
selection process analysis. Screening unsolicited resumes online should be
treated as any other unsolicited resumes received by the contractor.
What
happens during an on-site review?
http://www.dol.gov/dol/esa/public/regs/compliance/ofccp/how2/ofcpch3.htm
What
are the changes in 60-2?
http://www.dol.gov/dol/esa/public/regs/cfr/41cfr/60_2faqs.htm
Where
can I find information on the EO Survey?
http://www.dol.gov/dol/esa/public/regs/compliance/ofccp/eosurvey/surveyfaqs.htm
Where
can I find information about Affirmative Action?
http://www.dol.gov/esa/ofccp
