*Adverse Impact and the OFCCP’s
New Enforcement Strategy
The OFCCP is transforming itself into a true
race and gender equal employment agency.
The OFCCP is no longer concerned only about adverse employment and compensation trends against minorities and females, but also against non-minorities and males. In addition, the OFCCP is also running sub-minority adverse impact analyses to identify trends against various sub-minority groups. Given the number of analyses the OFCCP is running in audits, employers are more likely to see “red fl ags” of adverse impact trends emerging in the applicant-to-hire process. Now, more than ever, it is important for employers to ensure they are strategically and properly using disposition codes to explain what happened and why each and every applicant was not selected. In addition, strategic use of disposition codes can assist employers to put their best foot forward in OFCCP audits. In this session, learn about these OFCCP trends and how employers can strategically use disposition codes to better understand what happened
race and gender equal employment agency.
The OFCCP is no longer concerned only about adverse employment and compensation trends against minorities and females, but also against non-minorities and males. In addition, the OFCCP is also running sub-minority adverse impact analyses to identify trends against various sub-minority groups. Given the number of analyses the OFCCP is running in audits, employers are more likely to see “red fl ags” of adverse impact trends emerging in the applicant-to-hire process. Now, more than ever, it is important for employers to ensure they are strategically and properly using disposition codes to explain what happened and why each and every applicant was not selected. In addition, strategic use of disposition codes can assist employers to put their best foot forward in OFCCP audits. In this session, learn about these OFCCP trends and how employers can strategically use disposition codes to better understand what happened
Mickey Silberman
Attorney at Law, Jackson Lewis
Mickey Silberman is a Partner with Jackson Lewis LLP, the national workplace law firm. He is Chair of the firm’s National Affirmative Action/Diversity Practice Group and the Managing Partner of the firm’s Denver office. Mickey represents management exclusively in all areas of employment law and specializes in affirmative action, EEO and Diversity. He counsels employers from all industries and all areas of the country in this area of the law. Mickey and the AAP practice group prepare more than 1,500 AAPs for clients in a wide range of industries and across the country. In addition, he is Legal Counsel to and serves on the Executive Committee of the National Industry Liaison Group (NILG) Board, an affirmative action employers association. During the past five years, Mickey has obtained Letters of Compliance in more than 99% of the hundreds of audits he has defended. Moreover, of the past 200 audits he has defended, only a handful resulted in on-site visits by the OFCCP. Mickey received his Juris Doctor degree from the St. John’s University School of Law with a concentration in the study of Advanced Labor Law. He graduated with honors from the City University of New York. He is admitted to the Bars of the States of Colorado and New York.