Contractors beware – OMB NO.: 1250-0006 takes effect IMMEDIATELY.
SUBJECT: Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin
PURPOSE: The purpose of this Directive is to provide information to federal contractors and subcontractors, federally-assisted construction contractors and subcontractors (contractors) and to OFCCP personnel about:
- the circumstances in which exclusions of applicants or employees based on their criminal records may violate existing nondiscrimination obligations;
- the Training and Employment Guidance Letter (TEGL) 31-11 issued on May 25, 2012 to the American Job Center network and other covered entities in the public workforce system by the Department of Labor’s Employment and Training Administration (ETA) and Civil Rights Center (CRC); and
- the Enforcement Guidance issued by the Equal Employment Opportunity Commission (EEOC) on April 25, 2012.
What does this mean to you as an employer with greater than 15 employees and/or a federal contractor governed by EO 11246?
- First and foremost, analyze your data to determine whether or not the screening device creates disparate impact and
- if you discover disparate impact ensure that the screening device is validated using the UGESP, or at a minimum, meets three criteria found in EEOC’s Enforcement Guidance:
- Nature and Gravity of the Offense or Conduct
- Time That Has Passed Since the Offense, Conduct and/or Completion of the Sentence
- Nature of the Job Held or Sought
The full OFCCP post can be found here:
Biddle Consulting Group can assist your organization with the development of customized employment tests and/or help you create and validate your tests using TVAP (Test Validation and Analysis Program). To learn more about assistance options visit the links below or give us a call (800-999-0438).
- Test Validation Consulting Services
- Test Validation Software
- TVAP Online – free online test validation