Recent Developments at the OFCCP
January 13, 2002 Advisory
New Head of OFCCP: Deputy Assistant Secretary Charles James took office on June 12, 2001. Prior to joining the OFCCP, Mr. James spent 21 years in the private sector, most recently as the Manager of EEO and Affirmative Action for Bell Atlantic. His stated goal is to be friendly to business. Important issues that he plans to address include the definition of an applicant, functional AAP's, and the EO survey.
Definition of Applicant: The definition of an applicant has yet to be revised. The OFCCP is still operating with a definition from the 1979 Questions and Answers to the Uniform Guidelines on Employee Selection which states that anyone who expresses an interest in a job, either written or verbal, is an applicant. At a November conference in Washington, D.C., Mr. James indicated he would like to see the definition narrowed.
Beck Poster: In the 1988 Communications Workers v. Beck decision, the U.S. Supreme Court ruled that union-represented workers who pay agency fees in lieu of union dues cannot be forced to contribute to union expenditures not related to collective bargaining, contract administration, or the adjustment of grievances. President Bush has signed a new law, Executive Order 13201, requiring federal contractors to post notices advising their employees of their legal rights under the Beck decision with regard to union membership and the use of union dues and fees. Contractors are not required to display the Beck Poster, until the regulations are final, which is expected to happen in late 2001/early 2002.