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ARTICLE · 31 JULY 2019

OFCCP Issues FAQ Guidance On Selection Tools, Practical Significance, And Independent Contractors

Littler Mendelson
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The U.S. Office of Federal Contract Compliance Programs (OFCCP) released two new FAQs this week. The new guidance documents address three topics:

United StatesEmployment and HR
Littler Mendelson, P.C.
Littler Mendelson, P.C.
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The U.S. Office of Federal Contract Compliance Programs (OFCCP) released two new FAQs this week. The new guidance documents address three topics: validation of tests used by contractors when selecting workers for employment, OFCCP's use of "practical significance" during compliance evaluations, and how contractors can determine whether to include project-based or freelance workers in their affirmative action programs (AAPs).

Validation of Employee Selection Procedures

One FAQ released this week discusses the validation of employee selection procedures and, most notably, how OFCCP will assess the validity of selection tools built on AI and other "'new technology' screening devices." Much of this FAQ recapitulates the Uniform Guidelines on Employee Selection Procedures' (UGESP) basic requirements for assessing the validity and legality of employee selection procedures. The FAQ also clarifies that AI-powered tools are subject to same requirements as other employee

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