In June of 2013, the Supreme Court of the United States (SCOTUS) struck down what many consider the heart of the 1965 Voting Rights Act outlawing voter discrimination. In delivering the majority opinion, Chief Justice John Robert suggested the conditions which existed nearly 60-years ago that made it necessary for this law, no longer existed in a significant way:

The conditions that originally justified these measures no longer characterize voting in the covered jurisdiction" 

So, if SCOTUS has determined that discrimination is not as pervasive as it was decades ago to the extent that it impacted voting, one could make the same argument that the lengthy list of federal requirements governing hiring practices for companies doing business with the federal government, known as OFCCP for us recruiting professionals (Office of Federal Contract Compliance Programs), are no longer needed as well.

So what's the big deal with OFCCP?

The Office of Federal Contract Compliance Programs is a HUGE governmental bureaucracy.  Its jurisdiction covers nearly 25% of the entire US employee population.  It requires every non-construction contractor with 50 or more employees and government contracts of $50,000 or more to develop and implement affirmative action programs.  Well, that doesn't sound like much....right?

Wrong!  The number of companies that do more than $50K worth of business with the federal government is MASSIVE.  Nearly every single company on the Fortune 1000 list does business with the US government and therefore needs to adhere to the huge laundry list of requirements under OFCCP.  And, the costs of making sure a company stays in OFCCP compliance is staggering - especially for large companies.

The Bane for Recruiting Leaders

Each year the OFCCP conducts field audits to ensure companies are in compliance with their myriad of regulations.  In 2013, they conducted over 4,000 audits which was an increase of 12% from the previous year.  Staying in compliance with OFCCP is a constant worry for most talent acquisition leaders.  As a former head of recruiting I can tell you from first hand experience that you NEVER want to be on the receiving end of an OFCCP audit notification.

$108M Budget with 750 Employees

The OFCCP is part of the Department of Labor.  According to the 2014 Congressional Budget Office, OFCCP receives over $100M in funding and employs nearly 750.  If you are having a slow day and want to have some fun, here is the link to the 30-page Congressional Budget justification document for the OFCCP.

Workplace Discrimination is NOT Dead

Clearly, there is still discrimination in the workplace.  No question about it.  Companies still discriminate against disabilities, age, equal pay, race/color, religion, etc. so I am not suggesting or even advocating for OFCCP to be repealed. BUT, the fact remains that voter discrimination still exists as well and given how the SCOTUS ruled last year, perhaps someone may very well make the same case in order to overturn OFCCP.

Additional Insights

For more news, insights and opinions on recruiting & hiring, please visit the SL8Z Blog.