Trouble with images? View as a Web page.

Polsinelli - Labor and Employment

September 2013


"One Tool in OFCCP's Arsenal" -
New Regulations for Employment Practices, Federal Contract Compliance


Labor and Employment Attorneys:


W. Terrence Kilroy

Practice Area Chair


Anthony J. Romano

Practice Area Vice Chair


Carol C. Barnett
Jeffrey S. Bell
Gillian McKean Bidgood
Jon A. Bierman
Jill M. Borgonzi
Jack L. Campbell
Stacy A Carpenter
Andrew B. Cripe
Jay M. Dade
Doreen D. Dodson
Robert E. Entin
Sean R. Gallagher
Karen R. Glickstein
Marc D. Goldstein
Elizabeth T. Gross
Michael C. Grubbs
Robert J. Hingula
JoAnne Spears Jackson
Christopher L. Johnson
Bradley G. Kafka
Jamie Zveitel Kwiatek
Alison P. Lungstrum
Chris M. Mason
Latrice McDowell
Asam B. Merrill
Eric E. Packel
William S. Robbins Jr.
Erin D. Schilling
James C. Sullivan
Christopher C. Swenson
Eric M. Trelz
Lynn G. Trevino-Legler
Johnny S. Wang
Mark W. Weisman
Lon R. Williams, Jr.
Judy Yi
Brian J. Zickefoose






Learn more about our Labor and Employment practice, or to contact one of our Labor and Employment attorneys, click here.


LinkedIn Twitter Facebook Inside Law Podcast Connect with us on LinkedIn. Connection with us on Twitter. Connect with us on Facebook. Connect with us on LinkedIn. Connection with us on Twitter. Connect with us on Facebook.



On August 28, 2013, the Office of Federal Contractor Compliance Programs (OFCCP) released its final regulations regarding the employment of veterans and disabled. The OFCCP referred to the new regulations as "one tool in OFCCP's arsenal for targeting employment practices." The new regulations include several important changes for federal contractors, including:

  • A nationwide seven percent utilization goal for disabled individuals.
  • A hiring benchmark for veterans based on a) the current national percentage of working veterans (eight percent) or b) the contractor's own benchmark based on best available data.
  • Additional data collection and analysis requirements for veterans and disabled, including the number of veteran and disabled applicants, new hires and employees.
  • New invitation to self-identify requirements for veterans and disabled – pre-offer and post-offer – including a requirement that employers invite employees to identify themselves as disabled every five years.
  • Notice in job listings that the posting entity is a federal contractor seeking veteran and disabled applicants.
  • Additional language in all subcontracts explaining that the regulations prohibit discrimination of veteran status or disabilities, and requiring affirmative action to employ and advance veterans and qualified individuals with disabilities.
  • Increased recordkeeping requirements to three years.

The new rules are expected to be published within the next 10 days and will go into effect 180 days after publication. We recommend contractors begin working now on revising policies and practices in order to be compliant by the effective date.

A complete copy of the new regulations pertaining to veterans can be found here.

A complete copy of the new regulations pertaining to disabled can be found here.

New Compliance Manual

The OFCCP also released its revised Federal Contract Compliance Manual (FCCM). The new FCCM has been anticipated for quite some time and is the first revision in over a decade. The FCCM sets forth guidance on how the OFCCP conducts compliance evaluations, but does not create new legal rights or requirements or change current legal rights or requirements for the OFCCP or federal contractors.

The OFCCP has stated that it has spent significant time training its compliance officers and managers on the procedures outlined in the new manual. We expect the OFCCP to immediately change some of its procedures in compliance evaluations.

The FCCM can be used to provide contractors information about what to expect in the event of a compliance evaluation. The manual memorializes some of the more aggressive practices the OFCCP has established in recent years. For example, in recent years, the OFCCP has implemented a practice of giving contractors numerous supplemental requests for data during a compliance review. The manual states a broad list of occasions during a compliance review that the OFCCP may request additional data from contractors. The manual also directs – rather than encourages – compliance officers to go on-site during a compliance review.

Further, the manual effectively extends the OFCCP's long used "2 year rule" under which contractors were held liable for any unlawful acts that occurred within the two years prior to the date of a compliance evaluation. The new FCCM states "[i]f the CO [compliance officer] finds a continuing violation, the contractor should provide remedies, except for back pay, for the entire period of the violation."

A complete copy of the new FCCM can be found here.

For More Information

For more information, please contact:



Chattanooga  Chicago  Dallas  Denver  Edwardsville  Jefferson City  Kansas City  Los Angeles  New York  Overland Park
Phoenix   St. Joseph  St. Louis  Springfield  Topeka  Washington, D.C.  Wilmington



Real Challenges. Real Answers.SM  Serving corporations, institutions, entrepreneurs, and individuals, our attorneys build enduring relationships by providing legal counsel informed by business insight to help clients achieve their objectives. This commitment to understanding our clients' businesses has helped us become the fastest growing law firm in the U.S. for the past five years, according to the leading legal business and law firm publication, The American Lawyer. Our more than 670 attorneys in 17 cities work with clients nationally to address the challenges of their roles in health care, financial services, real estate, life sciences and technology, energy and business litigation. The firm can be found online at Polsinelli PC. In California, Polsinelli LLP.


To update your email preferences, please contact Kim Auther at To opt out of these communications, click the unsubscribe link below.

Polsinelli provides this material for informational purposes only. The material provided herein is general and is not intended to be legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Copyright © 2013 Polsinelli PC.

Connect with us on LinkedIn. Connection with us on Twitter. Connect with us on Facebook.