E-Verify
(formerly known as the Basic Pilot/Employment Eligibility Verification
Program) is an Internet based system operated by the Department of
Homeland Security (DHS) in partnership with the Social Security
Administration (SSA) that allows participating employers to
electronically verify the employment eligibility of their newly hired
employees. E-Verify
is free and voluntary and is the best means available for determining
employment eligibility of new hires and the validity of their Social
Security Numbers. See "Program Highlights" on the left side of this page for "E-Verify Program Statistics." USCIS
announced that it has submitted an interim final rule to the Federal
Register that will streamline the Employment Eligibility Verification
(Form I-9) process. For more information click the USCIS Revises
Employment Eligibility Verification Form link below. Federal
contractors and subcontractors will be required to begin using the U.S.
Citizenship and Immigration Services’ E-Verify system starting
September 15, 2009, to verify their employees’ eligibility to legally
work in the United States. The Civilian Agency Acquisition Council
and the Defense Acquisition Regulations Council amended the Federal
Acquisition Regulation (FAR) to reflect this change. The
new rule implements Executive Order 12989, as amended by President
George W. Bush on June 6, 2008, directing federal agencies to require
that federal contractors agree to electronically verify the employment
eligibility of their employees. The amended Executive Order
reinforces the policy, first announced in 1996, that the federal
government does business with companies that have a legal workforce.
This new rule requires federal contractors to agree, through language
inserted into their federal contracts, to use E-Verify to confirm the
employment eligibility of all persons hired during a contract term, and
to confirm the employment eligibility of federal contractors’ current
employees who perform contract services for the federal government
within the United States. You can read frequently asked questions about
this new rule in the link below. The
U.S. Department of State began production of the U.S. passport card on
July 14, 2008. The passport card may be used by those entering the
U.S. by land or sea from Canada, Mexico, the Caribbean and Bermuda.
The passport card is a valid passport that attests to the U.S.
citizenship and identity of the bearer and is acceptable as a List A
document for the Form I-9. The passport card may also be used in
E-Verify if it is presented to an employer for the Form I-9. For more
information, please see the U.S. Passport Card link located in the
Related Links section of this page. The
Department of Homeland Security announces its "E-Verify Informational
Seminar" – a FREE two-hour information session. Attendees will have the
opportunity to learn about the E-Verify program and its proper use. A
live demonstration of the E-Verify system and a question and answer
segment will allow participants to receive a full understanding of the
program and key features. (For More Information go to Related Links on
the right side of this page)What's New
USCIS Revises Employment Eligibility Verification Form
Information for Federal Contractors
Introduction of the U.S. Passport Card
Announcing The E-Verify Informational Seminar
US Department of Labor
Employment Standards Administration
Office of Federal Contract Compliance Programs (OFCCP)
OFCCP Once Again Produces Record Financial Remedies for a Record Number of American Workers in FY 07
Enforcement Garners $51,680,950 for 22,251 Workers Subjected to Discrimination
The Employment Standards Administration’s Office of Federal Contract Compliance Programs (OFCCP) enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended. These laws prohibit federal contractors and subcontractors from discriminating in employment based on race, gender, color, religion, national origin, disability or covered veteran status.
In
Fiscal Year 2007, OFCCP enforcement efforts resulted in a record
$51,680,950 in back pay and annualized salary and benefits for a record
22,251 American workers who had been subjected to unlawful employment
discrimination. Of that record enforcement result, 98% was collected in
cases of systemic discrimination – those involving a significant number
of workers or applicants subjected to discrimination because of an
unlawful employment practice or policy. The nearly $52 million reflects
a 78% increase over financial remedies obtained in FY 2001. This marks
the third consecutive year that OFCCP has posted record enforcement
numbers.
|
Fiscal Year |
Financial Remedies Obtained |
Workers Recompensed by OFCCP Agreement |
Compliance Evaluations |
|
2007 |
$51,680,950 |
22,251 |
4,923 |
|
2006 |
$51,525,235 |
15,273 |
3,975 |
|
2005 |
$45,156,462 |
14,761 |
2,730 |
|
2004 |
$34,479,294 |
9,615 |
6,529 |
|
2003 |
$26,220,356 |
14,361 |
4,698 |
|
2002 |
$23,975,000 |
8,969 |
4,135 |
|
2001 |
$28,975,000 |
9,093 |
4,716 |
|
Change From 2001 to 2007 |
78% |
245% |
4% |
OFCCP’s initiatives of the last several years are making it a more effective and efficient civil rights enforcement agency. Compared with years past, OFCCP more quickly and accurately screens contractor establishments for indicators of potential discrimination with its Active Case Management (ACM) system. Under ACM, which was fully implemented in each of OFCCP’s regions in FY 2005, the agency opens more reviews than it did in the past and the agency uses
automated statistical tools to rank and prioritize establishments for further review based on the probability that discrimination would be uncovered during a full-scale review. OFCCP is using ACM to identify and resolve cases of systemic discrimination with greater frequency. OFCCP is monitoring a larger portion of the federal contractor universe than it has in the past, and it is prioritizing its resources to address the worst offenders of the law. ACM is an effective mechanism for targeting systemic discrimination: In FY 2005-2007, OFCCP closed an average of 11.4% of evaluations with a conciliation agreement, compared with 6.7% of evaluations closed with a conciliation agreement in FY 2004.
Since its inception, OFCCP has relied on contractor voluntary self-identification to determine companies over which OFCCP has jurisdiction. In FY 2005, OFCCP implemented the Contracts First project to produce a contractor selection list that is based on evidence of actual contracts. This initiative inserts information about contract awards into the database used for selection and scheduling of reviews at facilities. Additionally, the selection system is enhanced by access to an OFCCP database of facilities where no compliance reviews have been conducted in recent years.
Clearer Guidance and More Enforceable Standards
Since 2001, OFCCP has enacted policy initiatives and directives to provide clearer guidance for employers and more enforceable standards for OFCCP.
Jobs for Veterans Act Rule
In August 2007, OFCCP published a rule to implement changes to the nondiscrimination and affirmative action obligations of federal contractors with respect to covered veterans that were required by the 2002 Jobs for Veterans Act (JVA) amendments to the Vietnam Era Veteran’s Readjustment Assistance Act of 1974 (VEVRAA). Among other things, the JVA expanded the categories of veterans protected by the affirmative action provisions of the law, raised the dollar amount of the Government contracts that are subject to the requirements of VEVRAA, and changed the manner in which federal contractors must list employment openings.
Compensation Standards
OFCCP also recently published in the Federal Register interpretive standards for evaluating compensation practices, providing contractors with the first definitive guidance on the subject ever. The standards provide the agency a stronger basis for pursuing investigations of possible systemic compensation discrimination because of their transparency and because of their consistency with court rulings on pay discrimination law. OFCCP also conducted 31 Corporate Management Compliance Evaluations (CMCEs), also known as "Glass Ceiling" audits, in FY 2007.
Compliance Assistance Efforts
OFCCP also continued to build upon its comprehensive compliance assistance program, conducting about one thousand compliance assistance events in each of the last four years. OFCCP’s recently enhanced monitoring of the federal contractor universe encourages self-management. Compliance assistance outreach helps employers prevent unlawful discrimination in their workplaces by providing them with the information necessary to effectively monitor their workplaces.
Strong Enforcement
A significant portion of the recoveries came from cases referred to the Office of the Solicitor (SOL) for enforcement litigation. In FY 2007, OFCCP obtained over $18 million in financial remedies for 6,890 workers in cases referred to SOL. OFCCP also now involves SOL attorneys earlier in its review process and more often in conciliation meetings with contractors.
Fiscal Year FY 04 FY 05 FY 06 FY 07 Change From 2006
|
Financial Remedies Obtained Through SOL Enforcement |
$11,756,573 |
$6,389,582 |
$15,104,124 |
$18,051,288 |
20% |
|
Referred Systemic Discrimination Cases |
10 |
16 |
9 |
14 |
56 |
