HRILG

HRILG Abbreviations & Terms AA- Affirmative Action AAP- Affirmative Action Plan or Program ACS- American Community Survey. Census Bureau survey that collects detailed information on the characteristics of the nation’s population, including those pertaining to occupation, race, ethnicity, and gender. ADA- Americans with Disabilities Act. The federal law that prohibits discrimination based on disability. ADAAA- ADA Amendments Act. A 2009 law that expanded coverage of the ADA. ADAAG- Americans with Disabilities Act Accessibility Guidelines. The technical standards applicable to business facilities covered by the ADA’s Title III public accommodations requirements. ADEA- Age Discrimination in Employment Act. The federal law that prohibits discrimination based on age. ADR- Alternative Dispute Resolution. Term for methods such as mediation and arbitration used in lieu of litigation to resolve employment disputes. See also DRP and EDR. AI- Administrative Interpretations. Written interpretive guidance on the Fair Labor Standards Act and the Family and Medical Leave Act issued by the Labor Department’s Wage and Hour Division that have replaced informal Opinion Letters. ALJ- Administrative Law Judge. The presiding official in a formal administrative hearing conducted by a federal agency under an administrative enforcement scheme. Amicus Brief- Amicus Curiae, a friend of the court brief. ANPRM- Advance Notice of Proposed Rulemaking. Request for public comment issued by a federal agency in anticipation of subsequent formal rulemaking. See also NPRM, RFI, and NPR. APA- Administrative Procedures Act. The federal law that governs the federal rulemaking process. ARRA- American Recovery and Reinvestment Act of 2009 ARB- Administrative Review Board. The Labor Department tribunal that hears and rules on appeals of ALJ decisions in OFCCP and other DOL administrative enforcement actions.

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HRILG Abbreviations & Terms ATBCB, or “Access Board” – Architectural and Transportation Barriers Compliance Board. Independent federal agency responsible for developing Americans with Disabilities Act Accessibility Guidelines (ADAAG) standards. ATS- Applicant Tracking System ATUS- American Time Use Survey. Annual Survey conducted by BLS that provides an estimate of how much time employed Americans spend working in comparison to other daily activities on any given day. BAN the BOX- Popular term for the campaign to eliminate questions about past criminal convictions on written employment applications. BFOQ- Bona Fide Occupational Qualification. A narrow defense to an otherwise discriminatory practice that can be asserted by an employer based on business necessity. BLS- Bureau of Labor Statistics, an agency within the U.S. Department of Labor. CA- Conciliation Agreement. A pre-litigation binding settlement between an employer and the EEOC or OFCCP that details specific commitments the employer agrees to take to remedy alleged violations. CAFA- Class Action Fairness Act. Federal law that discourages ―forum shopping‖ by class action plaintiffs by enabling companies to remove cases from state to federal court. Cat’s Paw- Popular term for employment litigation theory of liability in which the discriminatory motive of a subordinate employee is imputed to the controlling decisionmaker. CDC- Centers for Disease Control and Prevention. Agency within the U.S. Department of Health and Human Services responsible for disease prevention, control, and education. CFATS- Chemical Facility Anti-Terrorism Standards. Federal regulations, including background check requirements that apply to a broad range of facilities that manufacture, store, and distribute chemicals and that ―present high levels of security risk‖ as determined by the Secretary of Homeland Security. CFR- Code of Federal Regulations. The official source where federal agency regulations are codified. CI- Corporate Initiative. OFCCP policy under which employees for whom selection decisions are made at higher-level establishment must be included in the AAP of the establishment where the selection decision is made. CMCE- Corporate Management Compliance Evaluation. See also CMR.

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HRILG Abbreviations & Terms CMR- Corporate Management Review. A focused compliance audit by the OFCCP of a government contractor’s nondiscrimination and affirmative action performance at mid- and upper-management level positions; sometimes referred to as a ―glass ceiling‖ audit or CMCE. CO- Compliance Officer. An OFCCP investigator who conducts compliance evaluations and complaint investigations. Consent Decree- Legally binding formal settlement agreement signed by parties to a lawsuit or administrative enforcement action that is approved and supervised by the court or agency. CRA- Civil Rights Act of 1991. Federal law that amended Title VII and the ADA to add punitive and compensatory damages and jury trials. CSAL- Corporate Scheduling Announcement Letter. Commonly referred to as ―advance notice‖ letters, sent by OFCCP to notify a contractor that at least two of its establishments have been targeted for an audit within the next 12 months. DHS- U.S. Department of Homeland Security Directives- Interpretive enforcement guidance issued from OFCCP headquarters to its compliance officers. DOD- U.S. Department of Defense Dodd-Frank- Dodd-Frank Wall Street Reform and Consumer Protection Act DOE- U.S. Department of Education DOJ- U.S. Department of Justice DOL- U.S. Department of Labor DOL-VETS- Veterans’ Employment and Training Service. Labor Department agency that provides employment and training services to veterans, reservists, and National Guard members, and which is responsible for administering compliance with annual veterans reporting requirements (VETS-100/VETS-100A). DOMA- Defense of Marriage Act. 1997 federal law that defines marriage as a legal union between a man and a woman. DOT- U.S. Department of Transportation DPD- Data Protection Directive. European Union law regulating cross-border transfers of personally identifiable data, including HR data. DRP-Dispute Resolution Process. Name some companies use for ADR. See also EDR.

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HRILG Abbreviations & Terms EAP- Employee Assistance Program EARN- Employer assistance Referral Network. National toll-free telephones and electronic information referral service maintained by DOL and designed to assist employers in locating and recruiting qualified workers with disabilities. EC- European Commission. The Executive agency branch of the European Union. ECJ- European Court of Justice. The highest court of the European Union. EDR- Employee Dispute Resolution. Name some companies use for an ADR process. See also DRP. EEO- Equal Employment Opportunity EEO-1- Employer Information report. Government form required for annually reporting aggregate workforce race/ethnicity and gender data. EEOC- U.S. Equal Employment Opportunity Commission EIN- Employer Identification Number. Also known as a Federal Tax Identification Number, used to identify a business entity. ELA- Employment Law Alliance. International network of labor and employment lawyers with which EEAC maintains a cooperative relationship. En Banc- ―By the full court.‖ Term used for a rehearing of a three-judge panel decision by the full federal appeals court. E.O. 11246- Presidential Executive Order 11246. 1963 Order issued by President Johnson that sets out federal affirmative action and nondiscrimination obligations applicable to federal contractors. E.O. 13465- Presidential Executive Order 13465. 2008 E.O. that requires federal contractors and subcontractors to participate in the government’s ―E-Verify‖ database program. E.O. 13496-Presidential Executive Order 13496. 2009 E.O. that requires federal contractors to post information informing employees of their rights under the National Labor Relation Act. EO Clause- Equal Opportunity Clause. Language regarding equal employment opportunity and affirmative action obligations that must be included in OFCCP- covered federal contracts and subcontracts. EOE- Equal Opportunity Employer EPA- Equal Pay Act. Federal law that requires equal pay for equal work.

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HRILG Abbreviations & Terms EPLI- Employment Practices Liability Insurance EPPA- Employee Polygraph Protection Act. Federal law that severely restricts use of lie detector tests in the employment context. E-RACE- Eradicating Racism and Colorism from Employment. 2007 initiative launched by the EEOC to focus on race and color discrimination. ERISA- Employee Retirement Income Security Act. Federal law that regulates pension and employee benefit plans. EU- European Union. The community of European countries organized to form a common socioeconomic and political system of government. E-Verify- Government database under which participating employers can electronically verify the employment eligibility of newly-hired employees. FAA- Federal Arbitration Act. Federal law that authorizes the use of arbitration to resolve employment disputes. FAAP- Functional Affirmative Action Program. Type of AAP approved by OFCCP that is configured to match a contactor’s functional or line-of-business structure rather than by specific physical location. FAQ- Frequently Asked Question(s) FAR- Federal Acquisition Regulation. Rules that set uniform policies for the acquisition of supplies and services by government agencies. FAR Agencies- the three federal agencies (the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration) that administer the FAR. FCA- False Claims Act. Federal law that provides whistleblower protection to employees who sue their employer for fraud on behalf of the federal government. FCC- Federal Communications Commission FCCM- Federal Contract Compliance Manual. The official compilation of forms and enforcement guidance followed by OFCCP compliance officers. FCRA- Fair Credit Reporting Act. Federal law that regulates third-party background checks conducted for employers.

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HRILG Abbreviations & Terms FCSS- Federal Contractor Selection System. Current method used by OFCCP for targeting federal contractor establishments for compliance reviews. FEPA-Fair Employment Practices Agency, or ―706 Agency.‖ State or local EEO agency that maintains a cooperative relationship with the EEOC for processing discrimination charges. FLSA- Fair Labor Standards Act. Federal law that sets basic federal minimum wage and overtime requirements. FMLA- Family and Medical Leave Act. Federal law that entitles eligible employees leave protection for certain qualifying reasons. FOIA- Freedom of Information Act. Federal law that requires government agencies to make certain information available for public inspection and copying upon request. FPA- Lilly Ledbetter Fair Pay Act. 2009 federal law that expanded time deadlines for bringing compensation discrimination claims. FPDS- Federal Procurement Data System. Database system used by the government to report information and data on all federal contracts. FR or Fed. Reg.- Federal Register. Daily government publication of agency rules, proposed rules, and notices. Franken Amendment- Federal law that bars DOD contractors and subcontractors from using mandatory arbitration agreements to resolve certain employment disputes. FRCP- Federal Rules of Civil Procedure. The procedural rules governing litigation in the federal trial courts. FTC- U.S. Federal Trade Commission. The federal agency that enforces FCRA. GAO- Government Accountability Office. The research arm of the U.S. Congress. G-Five- Good-Faith Initiative for Veterans Employment. An OFCCP initiative to recognize companies’ good faith effort sand best practices to employ and advance veterans. GINA- Genetic Information Nondiscrimination Act. 2008 federal law that prohibits discrimination on the basis of genetic information. H-1B- Type of Visa that enables foreign professionals in ―Specialty Occupations‖ to work in the U.S. H-2A- Type of Visa for temporary agricultural workers. H-2B- Type of Visa for temporary non-agricultural workers.

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HRILG Abbreviations & Terms HHS- U.S. Department of Health and Human Services HIPAA- Health Insurance Portability and Accountability Act. Federal law that governs the privacy of medical information. HRIS- Human Resources Information System I-9- Mandatory government form used to record and retain employment eligibility verification for each new employee hired. IA- Internet Applicant ICE- U.S. Immigration and Customs Enforcement. Division within the Department of Homeland Security that enforces I-9 requirements. ICR- Information Collection Request. Term used under the federal Paperwork Reduction Act for new or continuing federal record keeping and reporting requirements. IIRIRA- Illegal Immigration Reform and Immigrant Responsibility Act. 1996 federal law that established the E-Verify Program. IMAGE- ICE Mutual Agreement between Government and Employers. Voluntary partnership program with Immigration and Customs Enforcement under which employer agrees to I-9 audit, participate in E-Verify, and adopt specified best practices. INA-Immigration and Nationality Act. Umbrella federal law that incorporates IRCA and other immigration requirements. IPEDS- Integrated Postsecondary Education Data System. Data surveys conducted by DOE that provide annual figures on the race/ethnicity and gender of all postsecondary degree recipients. Part of EEAC’s subscription Data Service. IRA- Impact Ratio Analysis. Tool used in affirmative action programs to compare the selection rates of different groups from an identified candidate pool. IRCA- Immigration Reform and Control Act. 1986 federal law that requires employers to verify the employment eligibility of all new employees. JAAR- Job Area Acceptance Range. Analytical tool used to analyze the distribution of employees in a workforce by comparing the actual percentage of minorities/ women in a job area to their percentage in the relevant larger segment of the contractor’s workforce. JAN- Job Accommodation Network. Government-affiliated consulting service that provides information about job accommodations, the ADA, and the employability of people with disabilities.

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HRILG Abbreviations & Terms JEC- Congressional Joint Economic Committee JRC—Joint Reporting Committee. Entity comprised of the EEOC and OFCCP that is responsible for administering the EEO-1 Report. JVA- Jobs for Veterans Act of 2002. Federal law that implemented VETS-100A reporting requirement. L Visa- Type of Visa for nonimmigrant intracompany transferees. Last Chance Agreement- Common name for agreement signed by an employee as an alternative to termination that sets conditions in order to continue employment. LGBT- Lesbian Gay Bisexual Transgender LOD- Letter of Determination. Formal document issued by EEOC after a charge investigation outlining finding and conclusions. LTD- Long Term Disability. Type of insurance offered by some companies as income replacement for employees who suffer long term illnesses or injuries that make them unable to work. M-274- Handbook for Employers. USCIS-issued guidance for completing I-9 forms. MOU- Memorandum of Understanding MSA- Metropolitan Statistical Area. Geographic entity defined by the government for use by federal agencies in collecting, tabulating, and publishing demographic statistics. NAICS- North American Industrial Classification System. System used by government for classifying businesses. NGO- Nongovernmental Organization NHTSA- National Highway Traffic Safety Administration NIOSH- National Institute of Occupational Safety and Health. NLRA- National Labor Relations Act. Federal law that governs right of employees to organize and bargain collectively. NLRB- National Labor Relations Board. Quasi-judicial federal agency that enforces the NLRA. No-Matter Letter, or Employer Correction Request. Letter sent by Social Security Administration to employers advising that Social Security numbers employers provided on W-2 Forms for certain employees do not match SSA’s records.

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HRILG Abbreviations & Terms NOI- Notice of Inspection. Written notification of an I-9 audit sent to an employer by ICE. NOV- Notice of Violation. Written notice issued to a contractor by OFCCP setting forth alleged violations of equal employment opportunity and/or affirmative action violations NPR- Notice of Proposed Rescission. Agency proposal to rescind existing regulations. NPRM- Notice of Proposed Rulemaking. Proposed agency regulation published for public comment in Federal Register. NRC- Notice of Review Completion. Written notification issued by OFCCP indicating that a compliance evaluation has been closed successfully. NRTS- Notice of Right to Sue or Right to Sue Letter. Written notice by EEOC to charging parties advising them of their right to file a lawsuit in federal court in 90 days. NSC- Notice to Show Cause. Written notification issued by OFCCP giving a contractor 30 days to demonstrate, or ―show case,‖ why administrative enforcement proceedings should not be commenced. OCC- Occupational Classification Code. Numerical coding system used by the Census Bureau to classify occupations. ODEP- Office of Disability Employment Policy. Labor Department agency focused on increasing employment opportunities for individuals with disabilities. OFCCP- Office of Federal Contract Compliance Programs OGC- Office of General Counsel. EEOC division that litigates the statues under EEOC’s jurisdiction. OIRA- Office of Information and Regulatory Affairs. Office within OMB that enforces the federal Paperwork Reduction Act. OLC- Office of Legal counsel. EEOC office that develops agency’s policy guidance. OLMS- Labor Department’s Office of Labor Management Standards OMB-Federal Office of Management and Budget O-NET- Occupational Information Network. Standardized classification system and database used by DOL for classifying detailed occupational characteristics. OSC- Office of Special Counsel for Immigration- Related Unfair Employment Practices. Justice Department agency that enforces IRCAS’s nondiscrimination requirements.

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HRILG Abbreviations & Terms OSHA- DOL’s Occupational Safety and Health Administration OWBPA- Older Workers Benefit Protection Act. Federal law that amended the ADEA to regulate the use of releases. Paragraph 11- Paragraph in an OFCCP Scheduling Letter that requests aggregate compensation information for OFCCP review. PDA- Pregnancy Discrimination Act. 1978 federal law that amended Title VII to prohibit sex discrimination on the basis of pregnancy, childbirth, or related medical conditions. PDN- Predetermination Notice. Written notification issued by OFCCP alleging that a pattern or practice of unlawful discrimination has occurred and giving the contractor a limited period of time to respond. PIP- Performance Improvement Plan. Document used by some companies for underperforming employees detailing areas where they must improve or face termination. P.L.- Public Law Position Statement- Written statement submitted by employer to EEOC in response to an EEOC charge. PRA- Paperwork Reduction Act. Federal law that governs recordkeeping and reporting requirements. PTO- Paid Time Off PTSD- Post-Traumatic Stress Disorder Rehab Act- Rehabilitation Act of 1973. Federal law that prohibits discrimination against individuals with disabilities by federal contractors. Release- Name for agreement signed by an employee giving up their right to sue in return for something of value, most often enhanced severance pay and benefits. RFI- Request for Information. Notice issued by federal agency seeking public input in anticipation of possible rulemaking. RIF- Reduction- in- Force. Term used for layoff of group of employees generally because of economic reasons. Right to Sue Letter- See NRTS. Rule 23- Federal Rule of Civil Procedure 23. Sets rules for Class Actions in federal courts.

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HRILG Abbreviations & Terms SAAF- Standard Affirmative Action Format. OFCCP-approved standard format for written affirmative action plans. Scheduling Letter- Written notification issued by OFCCP to federal contractor announcing a scheduled audit and requesting data. SCOTUS- Supreme Court of the U.S. SCRR- Standard Compliance Review Report. Checklist type form that an OFCCP compliance officer completes as he or she conducts a compliance audit. SEC- U.S. Securities and Exchange Commission Section 503- Section 503 of the Rehabilitation Act. Section 1981- Section 1981 of the Civil Rights Act of 1866. Federal law that prohibits discrimination based on race, ancestry, and ethnic characteristics in the making and enforcing of contracts. SEVIS- Student and Exchange Visitor Information System. Internet-based data system administered by ICE to track non-immigrant students, exchange students, exchange visitors, and their dependents. SOC- Standard Occupational Classification system. Universal system for all government agencies to categorize occupations in the economy. SOL- Solicitor of Labor. Legal arm of the U.S. Department of Labor SOX- Sarbanes-Oxley Act. Federal law that prohibits retaliation by publicly-traded companies against employee whistleblowers. Special EEO File- Census Bureau database often used for affirmative action planning and EEO monitoring purposes. SSA- U.S. Social Security Administration SSEG- Similarly-Situated Employee Group. OFCCP term used for groups of employees who can be said to be similarly-situated under Title VII standards. SSN- Social Security Number STD- Short Term Disability SWARM- Southwest and Rocky Mountain. One of OFCCP’s Regional Offices. TBI- Traumatic Brain Injury

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HRILG Abbreviations & Terms Title VII- Title VII of the Civil Rights Act of 1964. UAM- Universal Agreement to Mediate. Agreement entered into between an employer and the EEOC in which they agree to consider mediation of eligible charges. UGESP- Uniform Guidelines on Employee Selection Procedures, also known as ―Uniform Guidelines.‖ OFCCP and EEOC regulations that require employers to analyze employment tests and other selection procedures to determine whether they have adverse impact. USASpending.gov- A government database accessible to the public, which provides information and data on federal contracts and subcontracts. USC- United States Code. Official source of federal laws. USCCR- U.S. Commission on Civil Rights USCIS-United States Citizenship and Immigration Service USERRA- Uniformed Services Employment and Reemployment Rights Act. Federal law that protects the employment rights of military service members while on, and returning from, active duty. VBHCIA- Veterans’ Benefits and Health Care Improvement Act of 2000 VEOA- Veterans’ Employment Opportunities Act of 1998 VETS-100- Reporting form applicable to pre-December 1, 2003 federal contracts. VETS-100A- Reporting form applicable to post-December 1, 2003 federal contracts. VEVRAA- Vietnam Era Veterans’ Readjustment Assistance Act. Federal law requires federal contractors and subcontractors to take affirmative action with respect to veterans and to file reports annually. Wage & Hour Division- or WHD. Labor Department agency that enforces the FLSA and FMLA. Waiver- See Release. WARN- Worker Adjustment and Retraining Notification Act. Federal law requiring employers to provide notice to workers or their representatives in advance of covered plant closings and covered mass layoffs. 60-1 Regulations- OFCCP’s affirmative action procedures and administrative enforcement regulations.

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HRILG Abbreviations & Terms 60-2 Regulations- OFCCP’s content requirements for AAPs for women and minorities. 60-3 Regulations- OFCCP’s codification of the Uniform Guidelines on Employee Selection Procedures. 60-4 Regulations- OFCCP’s affirmative action requirements for construction contractors. 60-250 Regulations- OFCCP’s content requirements for AAPs for covered veterans. Applies only to contracts executed before December 1, 2003. 60-300 Regulations- OFCCP’s contract requirements for AAPs for veterans covered by the JVA. Applies to contracts of $100,000 or more that were entered into, or modified, on or after December 1, 2003. 60-741 Regulations- OFCCP’s content requirements for AAPs for individuals with disabilities.

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