In 2009, under the administration of president Barack Obama, Patricia Shiu was hired as the Director of the Office of Federal Contract Compliance (OFCCP), where she still serves today. Shiu has an impressive resume, having previously worked as the VP for Programs at the Legal Aid Society-Employment Law Center in San Francisco and graduating with a law degree from San Francisco School of Law in 1982.
Mrs. Shiu's policies have thus far greatly influenced the direction of the OFCCP, and will determine how employers need to deal with Federal Contract Compliance in the future. To discuss the future of the OFCCP and answer questions from contractors and employers, Patricia sat down for a web chat last spring.
Here are a few key points that we took from the OFCCP web chat:
Regional Consistency: The director was asked how she placed importance on the statistical consistency of OFCCP regulations between regions across the country. Her response stated that the department was definitely moving in that direction: "I agree that consistency among the regions is very important to achieving OFCCP's mission. Toward that end, OFCCP is revamping its training program, its Federal Contract Compliance Manual, and reevaluating its enforcement procedures and policies, working closely with the Solicitor's office. "
Individual Complaints with OFCCP and EEOC: The director was asked how the OFCCP would differ from the EEOC as far as their ability to handle individual complaints. Her response: "OFCCP is concerned with providing equal opportunity for all employees and job applicants of federal contractors and subcontractors. OFCCP will apply the same discrimination standards as EEOC and seek make-whole relief for victims of discrimination."
Another individual went on to question the difference between OFCCP and EEOC, and the director responded: "OFCCP is charged with the responsibility of investigating complaints for federal contractors. This includes both systemic and individual allegations of discrimination. Not every individual files a complaint with the EEOC. When the OFCCP investigates individual complaints it does so on behalf of the EEOC therefore minimizing any duplication of efforts."
OFCCP Compliance Manual: An individual asked the director about when the compliance manual would be completed. Her response: "We are working hard on updating the FCCM and hope to have this publish soon."
Federal Compliance Advice:When Mrs. Shiu was asked about giving some open advice to succeeding with federal compliance under this administration, she responded: "Be proactive by evaluating your workforce by gender, race, national origin, religion, ethnicity, disability and veteran status; examine who is being hired, promoted, and terminated; look closely at wages for similarly situated jobs; and develop a culture where equal opportunity and diversity is valued."
Pending Open Audits: The director was asked about how ongoing open audits would be handled from years past. She responded: "We are working with the various regional offices to close out the open evaluations as quickly as possible. It is not our intent to leave these open indefinitely. Please contact your regional director to inquire about the status of these so that we can finalize them."
Overall the director had some good answers, but also left quite a few questions open about the direction of the OFCCP. For a company to properly deal with the long list of regulations, they are best suited to utilize a modern software suite that is specifically built to comply with federal regulations by collecting required OFCCP compliance data and outputting it at a user's request.
About the Author:
Times are hard for the American currently. My goal is to start a conversation about how we can use eachother's knowledge to better our lives and country. Now is the time for us to stand together, and the internet is the perfect vehicle for us to traverse this difficult path and emerge to a bright new era.