On September 28, 2011 the Office of Federal Contract Compliance Programs (OFCCP) submitted to the Office of Management and Budget (OMB) its “revised” scheduling letter and itemized listing with minor changes to the original submission in May. Contractors will once again have 30 days to submit comments before OMB gives final approval. Until final approval is given, the OFCCP is using the current scheduling letter.

As important as the proposed Itemized Listing is, it is the supporting statement they submitted that provides the rationale for their revisions or lack thereof. To get a sense of the mindset of the OFCCP here is a quote:

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News Release

OFCCP News Release: [10/20/2011]
Contact Name: Elizabeth Todd or Juan Rodriguez
Phone Number: (972) 850-4710 or x4709
Release Number: 11-1521-DAL

Federal contractor Caviness Beef Packers agrees to pay $600,000 to applicants to resolve allegations of hiring discrimination

746 applicants in Amarillo and Hereford, Texas, affected

AMARILLO, Texas — The U.S. Department of Labor’s Office of Federal Contract Compliance Programs today announced that federal contractor Caviness Beef Packers Ltd., doing business as Palo Duro Meat Processing Inc. in Amarillo and Caviness Packing Co. in Hereford, has agreed to a settlement resolving findings that the company discriminated against job applicants on the bases of race and gender by rejecting them for positions at the company’s two meat processing facilities.

“The law is clear,” said OFCCP Director Patricia A. Shiu. “Discrimination will not be tolerated by employers who profit from lucrative government contracts. We are committed to protecting workers from discrimination, including the hundreds of qualified white, black, Asian and female job seekers involved in this case.”

OFCCP conducted scheduled compliance reviews of both plants, which found that the company had violated Executive Order 11246 by failing to meet its obligations as a federal contractor to ensure that qualified job applicants receive equal consideration for employment without regard to their sex, race, color, religion or national origin. Caviness holds contracts with the U.S. Department of Agriculture in excess of $20 million.

Under the conciliation agreement, Amarillo-based Caviness Beef Packers will pay $600,000 to the 746 identified class members, including back wages and interest, and extend at least 81 offers of employment as positions become available. Additionally, the company agreed to revise its selection process for production positions to avoid future violations of its equal employment opportunity obligations.

In addition to Executive Order 11246, OFCCP’s legal authority exists under Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. As amended, these three laws hold those who do business with the federal government, both contractors and subcontractors, to the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran.

For general information, call OFCCP’s toll-free helpline at 1-800-397-6251. Additional information also is available at http://www.dol.gov/ofccp/.

News Release

ODEP News Release: [04/28/2011]
Contact Name: Bennett Gamble or Gloria Della
Phone Number: (202) 693-4667 or x8666
Release Number: 11-0609-NAT

US Labor Department’s Office of Disability Employment Policy announces 2011 theme for National Disability Employment Awareness Month

WASHINGTON — The U.S. Department of Labor’s Office of Disability Employment Policy today announced the official theme for October’s National Disability Employment Awareness Month: “Profit by Investing in Workers with Disabilities.” The theme honors the contributions of workers with disabilities and serves to inform the public that they represent a highly skilled talent pool that can help employers compete in today’s global economy.

“Return on investment means hiring the right talent,” said Kathy Martinez, assistant secretary of labor for disability employment policy. “Workers with disabilities represent all skill sets and are ready to get the job done. This year’s theme focuses on improving employment opportunities that lead to good jobs and a secure economic future for people with disabilities and the nation as a whole.”

Early announcement of the theme helps communities nationwide plan a series of announcements, events and meetings to begin in October, some of which will continue throughout the year. Such activities include proclamations, public awareness programs and job fairs that showcase the assets of workers with disabilities.

As background, Public Law 176, enacted by Congress in 1945, designated the first week in October each year as “National Employ the Physically Handicapped Week.” President Harry S. Truman designated the President’s Committee on Employment of People with Disabilities to carry out the observance. In 1962, the word “physically” was removed from the week’s name to acknowledge the employment needs of all Americans with disabilities. In 1988, Congress expanded the week to a month and changed its name to “National Disability Awareness Month,” which eventually evolved to its current name. The Labor Department’s Office of Disability Employment Policy took over responsibility for National Disability Employment Awareness Month in 2001.

Members of the public with questions related to the 2011 theme should contact Carol Dunlap in ODEP at 202-693-7902. Members of the media should contact the individuals named above.

ODEP’s mission is to provide national leadership by developing and influencing disability-related policies and practices to increase and enhance the employment of people with disabilities.