Jottings By An Employer's Lawyer

Monday, April 14, 2008

Two Good Reminders: OFCCP and Testing

In the list of things to worry about, sometimes it's easy for certain acts or agencies to slip one's mind. If you are a government contractor and thus have duties under Executive Order 11246, one agency that should not slip too far away is the Office of Federal Contract Compliance Programs.

Generally, OFCCP brings to mind the need for affirmative action plans. But in reviewing those plans, the agency has far ranging powers to investigate discrimination. And the results can be substantial, witness last week's announcement of a million dollar plus discrimination settlement in the Dallas Business Journal. Vought Aircraft to pay $1.5M to settle discrimination suit.

A second point to remember. Agencies are giving increased attention to testing procedures utilized by employers. The money phrase from both the article and the OFCCP press release about the settlement:
The department concluded that two steps in Vought's hiring process - an application screening and a test - were primarily responsible for the discrimination.
It was not quite a year ago when the EEOC let it be known that it was also concerned with the impact of employer testing. See Using Any of These Type Tests? They Are on EEOC's Radar Screen


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