Patricia Shiu:: Tuesday December 8, 2009

Patricia Shiu:
Good afternoon. My name is Patricia Shiu, I am the Director of the Office of Federal
Contract Compliance Programs, otherwise known as OFCCP. It is a pleasure for me to
be with you on this Web chat today to highlight OFCCP's regulatory priorities.
First, a word about my Agency, the OFCCP enforces the Civil Rights of both Fedeal
contractor employees as well as applicants for Federal contractor jobs, and ensures that
workers and applicants are not subject to discrimation, harassment, retaliation or
termination because of their sex, race, color, national origin, religion, disability or
because they are a protected veteran. Getting a contract from the federal government is
a privilege, not a right. And with that privilege comes seious responsbilities for the
contract to comply with anti-discrimination laws so that everyone has the right to work in
a discrimination-free workplace.
The OFCCP is hard at work on three rules that will benefit the American worker. We
are focusing on strengthening Section 503 of the Rehabilitation Act (which prohibits
discrimination against people with disabilities) in order to help contractors and
subcontractors improve their recruitment of people with disabilities. Similarly, we are
looking at how we can strengthen outreach and recruitment programs as well as
replacement goals to make sure that are protected veterans get good jobs. We are also
seeking to strengthen our regulations governing the equal emplolyment and affirmative
action requirements for companies holding federal and federally assisted construction
contracts.
I hope that all of you will think about how we can achieve these goals, because we are
counting on you to help us achieve them.
Let's get started!

Tuesday December 8, 2009
3:04 [Comment From Allen]
Initial reports indicated that OFCCP expected to hire 213 new
employees during the 2010 fiscal year. Is this still expected? How
many of those hires have already been made?
3:04 Patricia:
While we do expect to hire several new employees, we are in the midst of
this process, which has not yet been finalized.
3:06 [Comment From Kevin McGowan]
What changes from the Bush administration's approach toward affirmative
action enforcement or construction industry enforcment is being planned for
2010?
3:06 Patricia:
Kevin, thank you for your question. The OFCCP Affirmative Action
regulations and goals applicable to construction contractors were last
updated about thirty years ago. We know much has changed in the
construction industry and workforce since that time. As part of the
rulemaking process, OFCCP will be reviewing barriers to equal opportunity
in the construction industry including employment opportunities for women
and minorities. OFCCP will also be considering how construction
contractors may best ensure equal opportunities for all job applicants and
employees. This Web chat is occurring early in the regulatory revision
process so it is premature to discuss particular approaches or solutions we
will propose until after we have heard from all our stakeholders.
3:08 Moderator:
Here is a photo of OFCCP Director Patricia Shiu (center) working on a

response to Kevin's question.
3:08

3:12 [Comment From Pat Schaeffer EEOIMPACT]
How will OFCCP's enforcement of non-discrimination and affirmative
action increase in the coming year? What new steps will you take and how
do you see OFCCP's approach being different from the past administration?
3:12 Patricia:
Pat, thank you for your question. I can tell what OFCCP is commited to
doing under this Administraion. We will vigorously enforce all three laws
under each jurisdiction: Executive Order 11246, Section 503 of the
Rehabiltation Act and VEVRAA (Vietnam Era Veterans Readjustment
Assistance Act), and will do so through both systemic and individual cases.
We certainly encourage federal contractor employees or applicants to
contact OFCCP's regional or district offices with such complaints. Contact
information can be found at www.dol.gov/ofccp.
3:14 [Comment From Guest]
How will the NPRMs assist veterans into job
placements?
3:14 Patricia:
Regarding the question from Guest, OFCCP is considering ways to

strengthen affirmative action reqirements for federal contractors and
subcontractors, for example, by requiring substantive analyses of
recruitment and placement actions under VEVRAA, and requiring the use
of numerical targets to measure the effectiveness of affirmative action
efforts. OFCCP's goal is to increase employment opportunity for veterans
protected by VEVRAA with federal contractors.
3:15 [Comment From Jason]
OFCCP: With the APNRM related to producing AA Placement Goals for
disabled individuals and covered veterans, what data sources will be made
available to federal contractors, should the ANPRMs go through the proper
approvals proceess and are ultimately approved by OMB?
3:15 Patricia:
Jason, OFCCP will seek input from stakeholders on the type of statistical or
other analyses that might be used by contractors to better monitor their
employment practices with respect to applicants and employees with
disabilities and protected veterans.
3:17 [Comment From Fred]
During her chat yesterday, Secretary Solis responded to a question about
narrowing wage and income inequality for women by saying that "OFCCP
(Office of Federal Contract Compliance Programs) is working on three new
regulatory efforts designed to increase the income of low wage workers and
narrow income inequality." I did not see any mention of efforts addressing
income inequality for women in the agenda for the upcoming year- could
you provide more specifics about the efforts that Secretary Solis
mentioned?
3:17 Patricia:
Fred, during our review of the construction, 503 and VEVRAA regulations,
we are researching barriers to equal employment opportunity for women in
construction, women with disabilities and female veterans, with the intent
of increasing equal opportunity and addressing income inequality. With
respect to its enforcement authority, the OFCCP is firmly committed to
addressing sex-based discrimination among federal contractors.
3:21 [Comment From Sheri]
what will the fines be if online systems are not
accessible?
3:21 Patricia:
Sheri, thank you for your question. The sanctions for violations of Section
503 of the Rehabilitation Act are contract sanctions, meaning violations
could lead contractors to lose their ability to contract with the government.
In addition, contractors who violate Section 503 are responsible for
providing make whole relief, including back pay, to victims of
discrimination. We encourage you to review the OFCCP website
(http://www.dol.gov/ofccp/) for additional information regarding sanctions
available under Section 503.
What are OFCCP's enfrcement
mechanisms?
3:23 Patricia:
This is response to Guest, OFCCP is responsible for ensuring that
contractors and subcontractors do not discriminate on the basis of race, sex,
religion, color, national origin, disability, or veteran status, and that they
take affirmative actions to provide equal opportunities to job applicants and
employees. OFCCP conducts compliance evaluations and investigates
individual complaints to ensure contractors are not discriminating based on
the above categories. If you feel that you have been subject to unlawful
discrimation by a federal contractor or federal subcontractor, please do not
hesitate to contact an OFCCP office which can be found at
www.dol.gov/ofccp.
3:24 [Comment From Lisa Rosser]
What kind of outreach are you considering to educate contractors on hiring
veterans?
3:28 Patricia:
Lisa, thanks for your question. OFCCP views outreach to veterans' groups
and education to the contractor community as critical components of its
mission. As part of the announced VEVRAA NPRM, OFCCP will be
inviting veterans' groups and others to provide ideas about the best way to
strengthen affirmative action requirements for federal contractors, and
ensure that contractors are clear on these requirements.
3:28 [Comment From Stacy]
What kind of outreach are you doing to veterans groups? Particularly, how
do you work with other government agencies to help veterans get jobs?
3:29 Patricia:
Stacy, see the response to Lisa on this related
topic.
3:34 [Comment From Ralph]
What plans does the agency have to open offices in the New York Region
to better serve its customers?
3:34 Patricia:
Ralph, we currently have six offices in the New York region, including the
headquarters and five district offices. Contact information for these offices
is available at http://www.dol.gov/ofccp/contacts/nereg.htm.
3:34 [Comment From Jason]
Regarding the ANPRM related to setting placement goals for disabled
individuals and protected veterans statuses, pending the ability of the
ANPRM to be ultimately approved by the OMB, what data sets are
expected to be used when federal contractors are looking to set such goals?
3:34 Patricia:
Jason, that's a great question! The OFCCP will be researching existing data
on the availability of qualified individuals with disabilities and protected
veterans, as well as seeking input from stakeholders on the types of
statistical data that might be used to develop numerical goals.
What steps are you using to strengthen regulations governing EEO and AA?
It is too my understanding that OFCCP is conducting more on site audits.
3:34 Patricia:
This web chat is occuring quite early in the regulatory development
process. Therefore, it is premature to discuss particular approaches or
solutions as we are seeking information and input from all of our
stakeholders. We encourage you to participate in our webinars coming up
in January 2010. Information about these webinars will be posted to
www.dol.gov/ofccp.
3:36 Patricia:
Jane, thank you for your question. Executive Order 11246 prohibts
discrimination and requires provides general requirements of affirmative
action for federal contractors. Rulemaking is necessary in order to
develop the specific parameters of that general requirement. According to
the regulations implementing Executive Order 11246, every contractor is
required to have on file an affirmative action plan. That plan must
include an organization profile, job group analysis, placement of
incumbents in job groups, consideration for determining availability of job
applicants, comparisons of incumbency to availability and placement goals.
In addition, the employer must designate responsibility for
implementation, indentifciation of problem areas, action oriented programs,
periodic internal audits, and documentation.
3:37 [Comment From Fred]
Can you tell us if all of the CSAL letters have been mailed
out.
3:38 Patricia:
Yes,
Fred.
3:45 [Comment From Doug]
As the OFCCP gears up with increased staff will it affect the communications between the
Agency and the Contractor during an audit process?
3:45 Patricia:
Doug, thank you for your question. The OFCCP encourages communication between its staff
and contractor during all phases of the audit and post-audit processes. Open communication
between the OFCCP and contractors is an important part of our work. Please visit our Web site
for the list of seminars and workshops, http://www.dol.gov/dol/calendar/results.asp?
location_lst=&agency_lst=23&event_title=&date=--&date_range.
3:47 [Comment From Allen]
Do you expect that the rules being proposed will include requirements for
new or additional quantitative analyses in AAPs for veterans, individuals
with disabilites, or construction contracts?
3:47 Patricia:
Allen, thank you for your question. The OFCCP is currently reviewing the
affirmative action requirements under VEVRAA, Section 503 of the
Rehabilitation Act, and Executive Order 11246 with respect to construction
contracts. The OFCCP is considering: how the affirmative action
requirements under these laws can be strengthened so that employment
opportunities are measurably increased; how federal contractors and
subcontractors can improve monitoring of their employment practices to
identify barriers to employment; and what specific employment practices
have been verifiably effective in the recruitment of job applicants. It is early
in the regulation development process, so it is premature to discuss
particular approaches or solutions as we are seeking input and suggestions
from all of our stakeholders. We encourage your participation in the
upcoming webinars, town hall meetings and in responses to the requests for
information that will be contained in the advance notice for proposed
rulemaking for Section 503.
3:48 [Comment From William H Truesdell]
When will your new regulatory proposals be published in the Federal
Register and what will be their topics?
3:48 Patricia:
Thank you for your question, William. OFCCP is looking at three
regulations: Section 503 (for persons with disabilities), VEVRAA (for
protected veterans) and construction. We expect to publish the Section 503
ANPRM in December 2010, the VEVRAA NPRM in December 2010, and
the construction NPRM in January 2011.
3:49 [Comment From
lynne]
what is PNRM?
I'm very familiar with VEVRAA, but I don't know what NPRM is referring
to. Thank you.
3:49 Patricia:
Lynn and others, thanks for the note about the meaning of NPRM. It stands
for "Notice of Proposed Rulemaking." This informs the public that an
agency is in the process of collecting public input on a specific regulatory
matter. The general public has the opportunity to submit comments to
proposed rules during the open comment period. The DOL website
(www.dol.gov/regulations) tracks the regulations that are currently open for
comment and provides a link to facilitate the submission of comments via
www.regulations.gov.
3:49 [Comment From Margaret]
What type of proof of outreach to veterans, disabled veterans, persons with
a disability, etc. will you be looking for in an audit
3:49 Patricia:
Thanks for your question, Margaret. As part of the announced NPRMs,
OFCCP is considering ways to enhance the outreach efforts of contractors
to veterans and disabled workers. It is still quite early in the process thus it
is premature to discuss particular approaches or solutions we will be
proposing because they are under development.
3:51 [Comment From Jane]
What are the affirmative action requirements of Executive Order 11246 ?
Why is rulemaking necessary to implement this?
3:52 Patricia:
Jane, thank you for your question. Executive Order 11246 prohibits
discrimination and provides affirmative action requirements for federal
contractors and subcontractors. Rulemaking is necessary in order to
develop specific terms of these requirements. OFCCP's Web site
www.dol.gov/ofccp gives the details of these requirements.

3:52 [Comment From Shirley J.]
Will compensation continue to be a priority for OFCCP under your
administration?
3:52 Patricia:
Absolutely! Shirley, compensation disparity issues are and will continue to
be a priority for OFCCP and for the Secretary, whose vision for DOL is to
increase workers' incomes and narrow wage and income inequality.
3:56 [Comment From Jennifer]
Contractors are currently required to post all jobs with their State
Employment Department as outreach to veterans. Will there be more
posting requirements to other veteran groups and groups assisting
individuals with a disability, or will the regulations focus on additional
voluntary outreach activities? What will the new regulations for these areas
involve?
3:56 Patricia:
Jennifer, the OFCCP is considering ways to strengthen affirmative action
requirements for federal contractors and subcontractors. For example, by
requiring substantive analysis of recruitment and placement actions under
VEVRAA and requiring the use of numerical targets to measure the
effectiveness of affirmative action's efforts. The OFCCP's goal is to
increase employment opportunities for veterans protected by VEVRAA
with federal contractors.
3:56 [Comment From Sheridan Walker]
In looking at accessibility as it relates to the application process will
OFCCP be doing assessmnets of the contract's sites as part of the audit?
3:56 Patricia:
Sheridan, yes on-line accessability is one of the OFCCP's focus initiatives.
We consider it a critical element in ensuring that all applicants and
employees have equal access to employment opportunities.
4:00 [Comment From Pat Schaeffer EEOIMPACT]
Will systemic compensation discrimination be a priority during this fiscal
year?
4:00 Patricia:
Pat, yes, absolutely. However, OFCCP will not be exclusively focusing on
systemic discrimination as we have in the past few years.
4:01 [Comment From Joni Baker]
How can organizations such as the American Association for Affirmative
Action assist you and Secretary Solis with your goals and agenda?
Can anyone provide comments to your reg agenda
plans?
4:01 Patricia:
Joni and Guest, individuals and organizations can help us by submitting
comments on our proposed regulations during the comment period. In fact,
we encourage everyone who has an interest in these regulations to do so.
Do you anticipate sending an additional "heads up" scheduling letter to
contractors in 2010?
4:03 Patricia:
No decision has been made with respect to 2010. OFCCP will be
considering the extent to which contractors who receive the Corporate
Scheduling Announcement Letter (CSAL) letters have all the requisite
documentation upon the commencement of the audit as a factor in
determining whether they will receive a letter in the future.
4:07 [Comment From Stanley]
Do you forsee an increase in construction compliance
reviews?
4:07 Patricia:
Stanley, yes. OFCCP considers construction compliance an important
part of our enforcement programs. As you may know, 22 percent of the
American workforce is employed by federal contractors, of which a
significant number are construction workers. The OFCCP is ready and
available to investigate any individual complaints from applicants and
employees of federal contractors who allege unlawful discrimination.
4:08 Patricia:
I want to thank everyone for participating in this Web chat. I'm sorry we
weren't able to get to every question. I am very excited to be a part of this
initiative, and in pursuing Secretary Solis' vision of providing good jobs for
everyone. To continue this effort, in January, OFCCP will be hosting three
Webinars, one for each new regulation. In addition, during the months of
February and March, OFCCP will be traveling across the country to host
town hall meetings. The specific dates and times for these events will be
posted on our Web page and e-mailed to OFCCP subscribers. If you would
like to be added to our mailing list, you may contact OFCCP through its
hotline at 1 (800) 397-6251 and public e-mail box at OFCCP-
Public@dol.gov.
Although many, perhaps even most federal contractors may comply with
the law, if you work for a federal contractor and think that you have been
subject to job discrimination, please call or e-mail us. If you believe that
you did not get a job from a federal contractor because of discriminatory
reasons, please call or e-mail us. We have six regional offices and
numerous District and Area offices and we are here to help you. Our offices
are listed on our Web site at http://www.dol.gov/ofccp/.
Once again, I appreciate your interest in equal employment and I look

forward to hearing from you. Thank you and Happy Holidays!
Writer: Phyllis
Regulatory Agenda Q and A with OFCCP

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Patricia Shiu:: Tuesday December 8, 2009

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Patricia Shiu:

Let's get started!

Here is a photo of OFCCP Director Patricia Shiu (center) working on a

Tuesday December 8, 2009

Regarding the question from Guest, OFCCP is considering ways to

Tuesday December 8, 2009

Once again, I appreciate your interest in equal employment and I look

Regulatory Agenda Q and A with OFCCP

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