AGC Webinar Cautions Contractors to Prepare for Increased OFCCP Enforcement

On Nov. 13, 2012, AGC hosted a webinar on Affirmative Action in Employment:  How to Implement the Employment Practices and Procedures Required by the Office of Federal Contract Compliance Programs (OFCCP).   The webinar provided compliance assistance training and best practices for federal and federally-assisted construction contractors governed by OFCCP, the federal agency responsible for ensuring that those who do business with the federal government take affirmative action and refrain from unlawful discrimination.  The webinar recording is available for purchase in the AGC Bookstore to view on-demand. The webinar, part of AGC’s compliance webinar series “Walking the Tightrope,” helped many current and future federal construction contractors by providing information necessary to understand the specific requirements of OFCCP in a contractor-friendly manner.  Naomi Hackenberg of WorkPlace HR, LLC, an HR consulting firm specializing in equal employment opportunity and affirmative action matters for federal contractors, stressed to participants that “documentation is key.”  Hackenberg encouraged contractors to immediately implement the requirements of OFCCP’s internet applicant rule and to keep robust applicant tracking logs, including disposition, contact information, and referral sources.  She also added the importance of centralizing recordkeeping efforts when possible, which is sometimes difficult in the construction industry where hiring may occur at each jobsite rather than a central office. In response to a quote from OFCCP director Patricia A. Shiu letting contractors know that OFCCP is “going to be extremely proactive and aggressive,” David Fortney, a seasoned labor and employment lawyer with Fortney & Scott, LLC, reminded attendees that OFCCP announced in 2009 that a special emphasis would be placed on auditing the construction industry.  During the webinar, Fortney shared several practical tips for preparing for such audits including the importance of assembling documentation to ensure information provided to OFCCP is accurate and complete.  Fortney added that additional attention should be given to required job site postings and preparing management and workers for the possibility of an on-site interview with an OFCCP official. For more information on complying with the requirements of OFCCP, visit AGC’s Labor & HR Topical Resources web page.  The primary category is “EEO” and the secondary category is “Affirmative Action.” The final webinar in the “Walking the Tightrope” series will take place in two sessions to be held December 11 and 13.  The topic is “The Davis-Bacon and Related Acts:  How to Comply with Federal Prevailing Wage Laws.”  For more information, click here.