Tampa Bay ILG Meeting Minutes- June 17, 2010 2:00-4:00pm

[CBailey]

On Thursday, 6/17/09 we met for our quarterly ILG Meeting. This
month's meeting was hosted at Tech Data in Clearwater, FL and included
Ms. Jessie Djata, a partner with Jackson Lewis LLP located in New York
as our guest presenter.
Ms. Djata deals with all areas of employment law and specializes in
EEO and Affirmative Action, Compliance and Diversity. Ms. Djata
reviewed new OFCCP enforcement priorities, updates on adverse impact,
and new executive order 13496.
Ms. Djata indicated that the OFCCP continues to focus on “Systemic
Discrimination” – particularly hiring and pay. She recommended that
we do some type of pay equity analysis every year at least at the job
level. She also indicated that the new administration is enforcing
deadlines and are less willing to negotiate low monetary
settlements.
Ms. Djata further mentioned that the current focus on good faith
efforts is on veterans and the disabled. Increasingly during audits,
the OFCCP is intently scrutinizing both veteran and disabled outreach
efforts and results. They often will ask for detailed information on
how many applicants were referred by veteran and disabled recruitment
sources and how many were hired. In other words, it is not only
important to use these sources but also to monitor their
effectiveness. You can search the OFCCP website for a listing of
these agencies.
According to Ms. Djata 87% of notice of violations are for failure to
recruit disabled individuals and 98% are for failure to recruit
veterans. However there is still continuing focus on applicant to
hire adverse impact. This would include “reverse” adverse impact and
individual minority group adverse impact.
Another area to consider is with all the applicant tracking and HRIS
systems it would be wise to analyze your data against all categories.
For example, Hispanic vs Asian, Black vs All Other, etc. The OFCCP
has the ability to run large amounts of data. Ms. Djata recommended
looking at all these possibilities annually.
With regards to Executive Order 13496:
• Reversal of Bush Executive Order
• Signed by President Obama on Jan. 30, 2010
• Effective June 21, 2010
• $100,000 threshold for direct government contractors
• $10,000 threshold for subcontractors
• 29 CFR 471.2(d): Must post “where employees covered by the National
Labor Relations Act engage in activities relating to the performance
of the contract.”
• Posters can be ordered through the DOL