Last Week, OFCCP Director Craig Leen and Deputy Assistant Secretary of the Office of Disability Employment Policy (“ODEP”) Jennifer Sheehy, joined with the National Industry Liaison Group to discuss disability and inclusion.

With 500 Section 503 Focused Reviews on OFCCP’s March 2019 CSAL list, the timing was perfect to hear directly from the OFCCP Director on his expectations from contractors on disability and inclusion issues.

Before diving into Section 503 Focused Reviews, Director Leen started the presentation off by reconfirming his commitment to improving OFCCP’s relationship with the contracting community through the 4 principles announced last year: Transparency, Certainty, Efficiency, and Recognition.

The primary focus of the webinar was, of course, Section 503 Focused Reviews and assistance available from ODEP for employers seeking to improve their disability and inclusion programs. Director Leen said he wants to emphasize more compliance assistance and other programs, rather than enforcement, to achieve the Agency’s disability and inclusion goals,mentioning the Agency’s LEAD (Leadership in Equal Access and Diversity Award) and Excellence in Disability and Inclusion Award programs.

Citing the low labor participation rate for individuals with disabilities compared to the general population and the large disability wage gap, Director Leen confirmed there will be Section 503 Focused Reviews in every OFCCP CSAL list moving forward.

Director Leen also previewed what turned out to be the Agency’s imminent publication in the Federal Register of a proposed Section 503 Focused Review Scheduling Letter which would allow OFCCP to analyze personnel activity and compensation data for individuals with disabilities. On April 12th, OFCCP also posted in the Federal Register revised Scheduling Letters for Compliance Checks and Establishment Reviews each to include additional required data requirements under VEVRAA and Section 503.

To prepare for a Section 503 Focused Review, Director Leen encouraged contractors to visit OFCCP’s Section 503 Resource Page as well as engage with ODEP to put into place best practices.

Deputy Assistant Secretary Sheehy described the services ODEP can provide to companies to ensure they are meeting the best practices Director Leen articulated including ODEP’s Job Accommodation Network and the AskEarn program, which provides support and assistance to employers.

It is clear Section 503 compliance is both a passion and a priority for Director Leen and, as a result, an enforcement priority for the agency, as reflected in the proposed changes to the scheduling letters. It is imperative you are prepared if you’ve been selected for a Section 503 Focused Review.

For more information on how to prepare for your Focused Review and the other types of OFCCP audits before they begin, please join us on April 17th for our webinar “OFCCP’s Audit Plate is Full and You’ve Been Invited to Dinner – Are You Ready?” – click here to register.

Photo of Laura A. Mitchell Laura A. Mitchell

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating…

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating legal risk. Laura is a guiding force in the firm’s most specialized and technical practice areas where she leverages an analytics-focused approach to partner with her clients in building legally compliant programs around which they can anchor their workplaces achieving productivity and stability.

Laura understands that creating a competitive advantage for employers in today’s workplace involves using a data-driven approach to counsel companies on the development of proactive and equitable non-discriminatory practices in hiring, promotions, separations and pay—and where advancements in technology can create both opportunities for efficiencies and risk that can be measured. Committed to putting her clients’ organizational goals first and foremost while balancing legal risk, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication. Staying the course with employers across their organizational journey while balancing legal compliance obligations throughout their employees’ lifecycle ensures Laura’s position as a go-to resource.

Laura works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize the combined vision of legal compliance, increased productivity and economic growth enhanced by a focus on pay equity.  As part of the pay equity journey, she advises employers on the evolving pay transparency landscape, working to align compliant practices with the practical realities of the business world.

Laura partners closely with government contractors to understand, implement and demonstrate compliance with their EEO regulatory and compliance obligations. She also works closely with non-government contractor clients to conduct risk assessments of their programs, policies, and training to align with federal and state anti-discrimination requirements.

Laura is the editor and a principal contributor of the GovCon Employment Exchange blog and presents on pay equity and government contractor obligations. To round out her days, Laura enjoys spending time with her family and friends attending sports events, working out, riding her bike, playing pickleball and taking in Colorado’s incomparable sunsets.

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Photo of Lisa B. Marsh Lisa B. Marsh
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