One of the signature achievements of former Office of Federal Contract Compliance Programs (OFCCP) Director Craig Leen was the publication of a series of Technical Assistance Guides (TAGs) to assist federal contractors in meeting their compliance obligations.
One of those TAGs, published in November 2020 and the most relevant for most federal contractors, is OFCCP’s Supply and Service Contractors Technical Assistance Guide, which provides an overview of OFCCP’s nondiscrimination and affirmative action obligations, the components of written affirmative action programs, the various recordkeeping requirements under the laws OFCCP enforces, and references to resources and best practices.
We thought it might be helpful to our members to take a closer look at the various components of this TAG, with a focus on distinguishing between how it presents OFCCP requirements compared to where it simply includes best practices that are not mandated under OFCCP’s regulations.
In this first memorandum, we focus on OFCCP’s methodology for conducting a “subgroup” analysis under the Uniform Guidelines on Employee Selection Procedures (Uniform Guidelines) and how it may vary from how employers are conducting their own subgroup analyses.
Members of the Center for Workplace Compliance (CWC) can read more here.