Big Changes: New Affirmative Action Regs for Federal Contractors
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Big Changes: New Affirmative Action Regs for Federal Contractors

SHRM's Public Policy Webcast Series


Big Changes: New Affirmative Action Regulations

for Federal Contractors

Presenters: David Fortney, cofounder, Fortney & Scott LLC; and Jill M. Smith, executive director, Workplace HR

September 2013 (avaliable through September 13th, 2014)

Recertification Credits: 1.5*
Program length: 90 minutes

Program fee
SHRM members: $99
Nonmembers: $139 - Join SHRM now and save!

Register now

If you are a government contractor -- and it's possible you may not even realize that you are -- sweeping changes in your affirmative action obligations are heading your way. The U.S. Department of Labor has unveiled new rules (under Section 4212 of Vietnam Era Veterans' Readjustment Assistance Act of 1974 and Section 503 of the Rehabilitation Act of 1973) that impose new goals for hiring veterans and people with disabilities and requirements for collecting data on applicants, new hires and current employees. The workforce goal for disabled workers is 7 percent; the “benchmark” for covered veterans is 8 percent; and, the OFCCP’s roadmap for good faith efforts may be a bumpy ride for federal contractors. The rules require solicitation of applicants to "voluntarily self-identify," once they become applicants as they currently do with gender and race. And that means new forms, processes and recordkeeping requirements.

In this program, David Fortney of the law firm Fortney Scott, and Jill Smith from WorkPlace HR will lay out the directions to compliance with these new rules. You'll learn who is considered a federal contractor under the law, how to calculate your workforce and determine whether you meet the new threshold and how to facilitate the new self-identification rules. You will also learn about record-keeping requirements and documentation you will need to show you are in compliance with the new law.

David Fortney is a co-founder of Fortney & Scott, LLC, a Washington, D.C.-based law firm counseling and advising clients on the full spectrum of work-place related matters, including employment discrimination and labor matters, compliance programs, government contracting, and developing strategies for avoiding or responding to workplace-related crises. Mr. Fortney has a broad-based practice representing and counseling federal contractors in employment and labor matters, including equal employment opportunity requirements, wage and hour matters, federal contractor's affirmative action and non-discrimination obligations, collective bargaining, and workplace health and safety. He brings experience from the public and private sectors in advising clients on these issues, and he frequently represents clients before federal and state agencies, including the U.S. Department of Labor's agencies, the Equal Employment Opportunity Commission, and the National Labor Relations Board. Mr. Fortney has been widely recognized for his professional accomplishments, including being named one of the leading employment lawyers in Washington, D.C. by the CHAMBERS USA survey of America’s Leading Lawyers for Business in all years from 2005 through 2012. He was selected for inclusion in the 2009 through 2012 editions of The Best Lawyers in America, Washington D.C.’s, Washington D.C.’s Best Lawyers, and Super Lawyers. Before co-founding the firm, Mr. Fortney previously served as the chief legal officer of the U.S. Department of Labor in Washington, D.C. during the term of President George H.W. Bush. As Acting Solicitor of Labor, he was responsible for enforcing over 140 laws regulating the nation's workplaces and managing an agency with 800 attorneys and support staff. He advised Secretaries of Labor Elizabeth Dole and Lynn Martin and the Department of Labor agencies on a broad range of legal, policy, legislative, regulatory and enforcement issues.

Jill M. Smith is the Executive Director for Workplace HR, specializing in equal employment opportunity and affirmative action matters for federal contractors nationwide. Ms. Smith has over twenty-five years of experience in Human Resources with specific emphasis in the strategic development and effective deployment of programs that result in improved compliance with the non-discrimination and affirmative action obligations of federal contractors that are enforced by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). Ms. Smith is known for identifying potential problem areas and designing corrective actions that work: from the design of applicant record keeping processes to the development and facilitation of training programs. Her experience covers a wide spectrum of businesses in various stages of development and her expertise includes the development of self-audit programs that assist in effectively monitoring compliance. Ms. Smith has been a frequent speaker and trainer at numerous management and professional associations.

Program fee: SHRM members: $99; nonmembers: $139 - Register now

*Recertification Credit

Viewing this entire presentation, either as a live event or archived, counts for 1.5 credit hours toward PHR/SPHR recertification from the Human Resource Certification Institute. Note: You are responsible for tracking your participation in this event.