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20211216 | DE Reveals the Biden OFCCP’s Enforcement Strategies and Compliance “Blueprint” for the Just Completed FY2021 and Upcoming Fiscal Year 

12-16-2021 03:28 PM

*For closed captioning, please view the recording here. This webinar has been approved for 1.0 (General) HRCI and SHRM recertification credit. Please email to request the corresponding Program IDs.

Candee and John have completed their annual “deep dive” into OFCCP’s enforcement stats and Conciliation Agreements. While the failure to hire and compensation results are well-known, we are now able to give you a complete “blueprint”, mapping all of OFCCP’s alleged violations. This year is surprising in that both the volume of affirmative action plan alleged violations is very large and the alleged violations are also very broad in their scope. Gone are the days OFCCP had its favorite list of a few alleged violations and strayed not too far from that menu. OFCCP’s appetite for violations has clearly broadened. Candee’s and John’s “map” of the affirmative action plan violations, in addition to the alleged discrimination analyses, will position you for next year to know what parts of your AAPs you should put “under the microscope” and what repairs you should consider. Here is your chance to learn about OFCCP’s broadened compliance areas currently of interest to OFCCP.

Candee and John will also discuss some high points about OFCCP’s AAP-Verification Initiative. This discussion will straighten out some of the confusion currently surrounding the substance and quality of the contents of the AAPs contractors must certify they have “on file” and the legal authority for that conclusion for those contractors which agree to voluntarily comply with that portion of the AAP-VI which calls for contractor “certification” of its AAPs. It's not what you think, and probably not what you have heard.

Presented by:

Candee Chambers, SPHR, SHRM-SCP, SR. CAAP
Executive Director, DirectEmployers Association

Candee joined the association in 2013 and currently serves as the Executive Director of DirectEmployers and CEO for the organization’s wholly-owned subsidiary, Recruit Rooster. She is responsible for leading a team of over 80 people from eight departments and the continual development of the OFCCP compliance and recruitment marketing solutions for Members of the Association. As a passionate advocate for HR practitioners and the compliance challenges they face as government contractors, Candee previously served as the Association’s VP of Compliance and Partnerships. In this role, she oversaw the creation of strategic partnerships with a multitude of organizations and managed the relationship with the National Association of State Workforce Agencies (NASWA), which includes the joint-initiative National Labor Exchange (NLx).

John C. Fox, Esq.
Partner @Fox, Wang & Morgan P.C.

John Fox is a partner in the Silicon Valley law firm of Fox, Wang & Morgan, although his practice is nation-wide. He wrote the first book describing how to develop Affirmative Action Plans back in the day when almost all companies wrote their own Plans. John trained many of today’s AAP vendors through his annual nationwide training courses offered through the non-profit National Employment Law Institute (NELI). John was also previously Executive Assistant to the Director of OFCCP and with Director Ellen Shong (Bergman) was one of the two political appointees running OFCCP. John wrote many of OFCCP’s enforcement and audit policies and established many programs OFCCP operates today. John helped found ILGs in 1982. John is active in the defense of audits, structuring failure-to-hire discrimination analyses, proper formulation of compensation analyses consistent with Title VII. John is also an active trial lawyer, having spent more than 400 days in trial.


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