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OFCCP FY 2010 COMPLAINTS AND COMPLIANCE EVALUATIONS – THAT’S A WRAP

 

by David Cohen, President, DCI Consulting Group

OFCCP’s fiscal year ended on Thursday, September 30th, marking the close of the second year under the Obama administration. During the 2010 fiscal year, the OFCCP proposed many regulatory and policy changes, and some of those new initiatives are currently under review, while others have been implemented. In the meantime, the OFCCP continued to conduct routine and complaint driven compliance evaluations. The following snapshot of 2010 enforcement data was summarized from the Department of Labor’s enforcement database as of October 2, 2010.

Note: Some of the information in the database and summary data do not correspond with publicly made statements by officials at OFCCP and other reports based on actual conciliation agreements. In addition, other information appears to be incorrect due to database input errors. For example, an individual claim of discrimination under Section 503 of the Rehabilitation Act (disabilities) had a finding of gender discrimination. Another example is a technical violation that resulted in a conciliation agreement for hiring discrimination.

FY 2010 Complaints
There were 107 complaints of discrimination made to OFCCP during the 2010 fiscal year. Based on the data, the OFCCP conducted an investigation on 105 out of the 107 (98%). Interestingly, 20 of the individual claims were classified under the ‘class action’ category. According to the data, only 14 (13%) findings of discrimination were identified based on these complaints.

Total Number of Complaints - 107
• Executive Order 11246 - 26 (24.3%)
• Section 503 of the Rehabilitation Act – 33 (30.84%)
• VEVRAA - 42 (39.25%)
• Other – 6 (5.61%)

Violations Identified based on these complaints
• Seniority – 3
• Job Benefits – 1
• Pregnancy – 3
• Religious Discrimination – 3
• Violation Other – 4

FY 2010 Compliance Evaluations
The OFCCP closed 3,896 compliance evaluations during the FY 2010 year. This number does not include the number of compliance evaluations that were initiated during the fiscal year nor does it include those compliance evaluations that were scheduled prior to FY2010 and remain open.

Total Reviews Closed – 3,896
• Notice of Compliance – 3.363 (86.32%)
• Conciliation Agreement (Technical Violation) – 466 (11.96%)
• Consent Decrees – 3 (0.08%)
• Financial Settlements – 64 (1.64%)

Violations from Conciliation Agreements (with only Technical Violations) - 466
• No Written AAP - 44
• Past Performance – 136
• Record Keeping – 191
• Outreach and Recruitment – 240
• Denial of Records – 1
• Hiring – 3
• Selection or Testing – 3
• Salary – 2

Violations from Consent Decrees – 3
• No Written AAP – 1
• Record Keeping – 2
• Denial of Records – 1
• Hiring – 3
• Systemic Discrimination – 3

Violations from Financial Agreements - 64
• No Written AAP – 3
• Past Performance – 12
• Record Keeping – 38
• Outreach and Recruitment – 3
• Hiring – 49
• Promotion – 1
• Termination – 1
• Salary - 7

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