*This session has been submitted for HRCI and SHRM credits and is currently pending approval
In this 2-hour webinar, John Fox and Candee Chambers will:
1) Discuss the Odd Odyssey of OFCCP as some elements of OFCCP attempt to expand the definition of the term “Protected Veteran;” and
2) Open the floor to questions about OFCCP regardless of subject so you may end the year feeling that every question you have had wandering through your mind about OFCCP has been answered. We are leaving a full hour for Q&A, so come ready!
As to the Protected Veterans definition, we will discuss OFCCP’s regulatory definition driven by the definition in VEVRAA at 42 USC Section 4212(a)(3), both of which adopt the “during a war” definition (one component of the Campaign Badge holders definition of Protected Veteran). We will then compare the broader 38 USC 101 “during a period of war” definition (designed to identify eligibility for veterans’ preferences and for certain pension benefits) and how the “during a period of war” definition differs from the more narrow “during a war” definition (hint: BIG difference). We will then discuss practical solutions should companies wish to avail themselves of the broader definition, regardless whether OFCCP eventually adopts or rejects the broader definition.
They will answer the questions about:
- how use of the broader definition will run afoul of filing the VETS-4212 annual reporting form and how a contractor’s use of a “double set of books” might overcome the VETS reporting problem if VETS does not exercise its prosecutorial discretion to allow federal contractors to violate VETS’ reporting regulations which also adopt the narrower “during a war” definition;
- what to do about any complaints Veterans might file with US Department of Labor Secretary Perez pursuant to 38 USC Section 4212 (b) complaining that your company has not complied with OFCCP’s and/or VETS’ regulations; and
-what the advantages and disadvantages are of adopting the broader definition
Hosted by:
John C. Fox
President & Partner, Fox, Wang, & Morgan P.C.
Mr. Fox represents companies and tries cases in state and federal courts throughout the United States. Mr. Fox has extensive trial experience, having spent more than 300 days in trial. Mr. Fox was also lead trial counsel in the first of the four wage-hour class actions known to have been tried in California and was lead trial counsel in what are believed to have been the two largest disability lawsuits in the United States. He is an across-the-board employment lawyer representing management nationwide. Mr. Fox was also previously Executive Assistant to the Director of the Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, where he was responsible for all enforcement and policy matters. Apart from drafting substantive employment discrimination regulations at OFCCP, Mr. Fox was responsible for OFCCP’s contacts with the Congress, other federal agencies and The White House.
Candee Chambers, SPHR, Sr. CAAP
VP Compliance & Partnerships, DirectEmployers Association
Candee Chambers, SPHR, Sr. CAAP, is the Vice President of Compliance & Partnerships at DirectEmployers Association. Candee leads the Association’s compliance initiatives, oversees the creation of strategic partnerships with a multitude of organizations that allow DirectEmployers membership to share their job opportunities with job seekers, and manages the relationship with the National Association of State Workforce Agencies (NASWA) which includes the joint-initiative, National Labor Exchange (NLx). Candee also provides guidance on compliance matters related to Affirmative Action regulations, outreach responsibilities and employee selection, while developing and providing training to HR and staffing professionals on these same topics. She regularly shares her expertise and guidance to DirectEmployers Members, and has had the opportunity to speak extensively across the United States at Affirmative Action-related conferences, regional ILG meetings and ILG National Conferences. Candee also frequently presents with employment law experts on topics related to VEVRAA and Section 503. She was also recently appointed as a faculty member during the National Employment Law Institute’s (NELI) Affirmative Action program series.