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Jackson Lewis Partners Share Insights on Impact of 2012 Election on OFCCP Initiatives

  • November 16, 2012

Jackson Lewis Partners Mickey Silberman and Matthew Camardella delivered a timely webcast on November 14th regarding anticipated Office of Federal Contract Compliance Programs initiatives under a second-term Obama Administration.  Below are highlights of the webcast, “Election 2012 Is Over – What Can We Expect from OFCCP?

According to Mr. Silberman, Jackson Lewis’ Affirmative Action and OFCCP Planning and Counseling (AAP) Practice Group Leader, and Mr. Camardella, an AAP Partner, the “top ten” things to expect from OFCCP in President Obama’s second term include:

  • Changes to veterans regulations;
  • Changes to regulations for individuals with disabilities;
  • A new scheduling letter;
  • The possible development of a compensation data collection tool;
  • Changes to the federal contractor compliance manual;
  • Continued focus on adverse impact in hiring;
  • Continued focus on pay equity;
  • Continued focus on outreach to veterans and the disabled;
  • Aggressive audit and enforcement tactics; and
  • Continued efforts to expand OFCCP’s jurisdiction.

The presenters discussed proposed regulations for federal contractors and subcontractors that likely will go into effect during President Obama’s second term, such as increased veterans-related obligations and disability-related restrictions. They emphasized that investigating pay discrimination will continue to be a top enforcement objective for OFCCP.  They also noted that, despite the agency’s recent focus on such initiatives as compensation discrimination and good faith efforts to employ veterans and disabled individuals, the agency continues to investigate and enforce standard hiring discrimination cases.  (For additional information about the enforcement agenda, please visit our Affirmative Action & OFCCP Law Advisor blog).

Mr. Silberman stressed, “Though the question of who will be sleeping in the White House for the next four years has been decided, the question of whether OFCCP will increase its already aggressive enforcement remains an open one – though if the last four years are any indication, employers need to prepare for even greater enforcement activity.”

For additional insights into the workplace law implications of the 2012 election, please stay tuned for our “Analysis of the Labor Relations Implications of the Election” webinar, available on our website beginning at 3 p.m. EST on November 20 and distributed to all Jackson Lewis Updates e-subscribers. Jackson Lewis attorneys will continue to track and provide updates on the latest developments on the legislative and regulatory fronts.  If you have any questions about the OFCCP, please contact the Jackson Lewis attorney with whom you regularly work. 

©2012 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

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