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New OFCCP regulations will focus on veterans, disabled

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WASHINGTON—Federal contractors and subcontractors should prepare themselves for additional regulations from the Department of Labor's Office of Federal Contract Compliance Programs with respect to veterans and the disabled, observers say.

But they suggest waiting until the new regulations are actually imposed before taking any action.

Meanwhile, “stay tuned and be prepared” for the OFCCP “to take an even closer look at your affirmative action practices than has been the case in the past,” said Chris Chrisbens, of counsel at law firm Holland & Hart L.L.P. in Denver.

“It is more important now than ever before to conduct self-audits in order to be ready should you receive” a letter of a scheduled audit by the OFCCP, said Valerie Hoffman, a partner with Seyfarth Shaw L.L.P. in Los Angeles.

“I'd also recommend that the self-audits be conducted under attorney-client privilege since the OFCCP may seek to see the results of the self-audit,” and unless the privilege is in place the agency may require the results be shared, Ms. Hoffman said.

Be alert for the final regulations, review them thoroughly when they are issued and have employees trained in the regulation, said Cara Yates Crotty, a partner with Constangy Brooks & Smith L.L.P. in Columbus, S.C.

Mickey Silberman, managing partner with Jackson Lewis L.L.P. in Denver, said employers should focus on their information technology and human resources systems “to determine their capabilities” as well as devising budget for the changes.

“But don't pull the trigger” until the final regulations are issued, he recommended

The new processes will be “very expensive to institute and, until such time as they become mandatory, I wouldn't recommend” companies institute them, said Jeffrey A. Norris, president of the Washington-based Equal Employment Advisory Council, an employer group.

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