The OFCCP Digest Local JobNetwork The OFCCP Digest Bill Osterndorf Marilynn Schuyler, Esq. Pam Ploor, SPHR Pam Ploor, SPHR Amy Wozniak
What is a Hire from OFCCP’s Perspective?
by Bill Osterndorf

Every month, the Department of Labor (DOL) releases a report concerning jobs that were added to the economy. The report released at the start of May 2016 indicated that approximately 160,000 jobs were added. Many articles about this report commented on the reduced level of hiring that occurred in April as compared to previous months, and focused on the fact that the U.S. has been experiencing strong hiring for the last several years...more

Bill Osterndorf William A. Osterndorf is President and founder of HR Analytical Services and has been working with affirmative action/equal opportunity issues for the last 25 years in the public and private sectors. Bill specializes in...more

Beyond Pregnancy: The New PDA
by Marilynn Schuyler, Esq.

The reach of the Pregnancy Discrimination Act has expanded in recent years, most notably when the Equal Employment Opportunity Commission (EEOC) issued its regulatory guidance on July 14, 2014. In subsequent years, the courts have added additional interpretation and clarification. And many employers have been caught off guard.

Background The origin of the prohibition on pregnancy...more

Marilynn Scuyler, Esq. Marilynn L. Schuyler has been developing Affirmative Action Plans for public, private, and academic institutions since 1996, and has been working in the field of Equal Employment Opportunity since 1988. She provides clients with...more

Attention Construction Contractors: Are Your Affirmative Action Steps Consistent with Executive Order 11246?
by Pamela Ploor, Esq.

Last fall, OFCCP was expected to publish in May 2016 proposed revisions to Executive Order 11246's affirmative action requirements for federal and federally-assisted construction contractors and subcontractors. OFCCP last updated its construction contractor...more

Pamela Ploor, Esq. Pamela Ploor advises employers on the full range of labor and employment matters. Since 1993, Pam has advised federal contractors on their affirmative action obligations, represented federal contractors during audits by OFCCP, and supervised...more

Five Ways to Manage Your Pay Equity Compliance
by Michele Whitehead, SPHR

The topic of a wage gap between genders is hotter than ever, and both the Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs (OFCCP) continue to make regulatory strides with respect to pay equity for women and minorities. Here are five tips to help plan your strategy for pay...more

Michele Whitehead, SPHR Michele Whitehead is Senior Manager of Client Services at Berkshire Associates. In her position, Michele is responsible for overseeing, developing, and implementing training related to affirmative action and human resources management. From...more

Brass Light Gallery: A Disability-Forward Success Story
by Amy Wozniak

Perhaps a physical or developmental disability affects someone you know personally. It could also be that you know someone with a disability in your professional life, if you work for a disability-forward company. Recent statistics point to the fact that one out of every five adults has a disability. Under Section 503 of the Rehabilitation...more

Amy Wozniak Amy Wozniak is a Compliance Manager at the Local JobNetwork™ (LJN). With over ten years of government compliance experience, Amy guides federal contractors through the regulatory audit process from beginning to...more

Industry Liaison Groups - Join Today

The National Industry Liaison Group (NILG) is the nation’s premier employer association on affirmative action and equal employment opportunity.

The NILG’s mission is to promote affirmative action, equal employment opportunity, and diversity by working closely with the Office of Federal Contract Compliance Programs (OFCCP), Equal Employment Opportunity Commission (EEOC), related administrative agencies, and local and regional ILGs to:

  • Advocate the positions and viewpoints of their constituents
  • Comment and provide feedback on regulatory and legislative initiatives
  • Educate their constituents on developments regarding equal employment opportunity, affirmative action, and related regulatory changes
The NILG Board supports approximately 61 ILGs, which are comprised of small, mid-size, and large federal contractors and employers across the country and in every Department of Labor (DOL) region. Updates on DOL, OFCCP, and EEOC initiatives are shared at local ILG Industry Liaison Group(ILG) meetings throughout the year as well as at the NILG conference held annually each summer.

Federal contractors are invited to join your local ILG. Find out more using the links below.

Mid-Atlantic Region
Midwest Region
Northeast Region
Pacific Region
Southeast Region
Southwest Region

Ask the Experts

Ask the Experts is an online forum where federal contractors and subcontractors who are clients of the Local JobNetwork™ (LJN) are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. Questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.

Question: EEO-1 Report for OFCCP Scheduling Letter

We are currently under audit with the OFCCP, and the scheduling letter asks for EEO-1s from the last 3 years. I have 3 work sites with less than 50 employees that I roll up into our corporate plan. Should I include those EEO-1s as well or just our main headquarters, which is the focus of the audit?

Answered by Marilynn Schuyler from Schuyler Affirmative Action Practice:

You should provide all EEO-1 reports that comprise the employee data for the AAP. If you exclude the locations that are rolled up, the data will not be consistent with the data in the AAP.

DOL Highlights

Department of Labor OFCCP Publishes Functional Affirmative Action Program Directive

The Office of Federal Contract Compliance Programs (OFCCP) has published its approved Functional Affirmative Action Program directive. This revised directive outlines the procedures contractors must follow when requesting OFCCP’s approval to develop affirmative action programs by business or functional unit. The Office of Management and Budget (OMB) has approved OFCCP’s use of the procedures included in the revised directive through April 30, 2019.

VETS 4212 Filing Threshold Increased for 2016 Filing Cycle

The Veterans’ Employment and Training Service (VETS) has increased the threshold that requires federal contractors to submit the VETS 4212 report from $100,000 to $150,000. This increase is effective beginning with the 2016 reporting cycle. The 2016 filing season for the VETS-4212 will start on August 1, 2016 and ends on September 30, 2016. The reporting threshold for 2015 VETS 4212 reports, which were due September 30, 2015, will continue to be $100,000. More information about the change to the threshold can be found on the VETS website.

Veterans’ Employment and Training Service Launches Website

The U.S. Department of Labor's Veterans’ Employment and Training Service (VETS) has launched, a new website designed to be the first stop in the employment search process for veterans and in the hiring process for employers. In addition to a multitude of resources targeted to job seekers, employers have access to a veteran hiring toolkit including local resources to meet an employer’s hiring needs.

Job Accommodation Network Releases Two New Training Modules

The U.S. Department of Labor's Office of Disability Employment Policy (ODEP) has announced two new online training modules that are now available on the Job Accommodation Network (JAN) website. The first module, “The Value Proposition for Engaging People with Disabilities,” provides an overview of the value in hiring, retaining, and marketing to people with disabilities. The second module, “Disability Awareness to Increase Your Comfort, Confidence and Competence,” offers tips for creating a more inclusive workplace for individuals with disabilities through language and communication. Each module includes a slideshow, transcript, and resource materials to use as handouts.

Read more DOL Highlights throughout the month for timely updates.

OFCCP Compliance Webinar

Contact Us

The OFCCP Digest is a complimentary resource featuring affirmative action, equal employment opportunity, and government compliance topics. Previous editions are available for easy reference on The OFCCP Digest Archives page. To subscribe or to provide feedback, email

The opinions expressed in this newsletter are the opinions of the individual author(s) and do not necessarily reflect the opinions of the Local JobNetwork™. The information appearing in this newsletter is meant to provide the reader with a general understanding of topics relating to OFCCP compliance requirements and is not legal advice. If you are seeking legal advice to address OFCCP compliance issues or requirements, you should consult an attorney. The Local JobNetwork™ expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this newsletter.