Employment Law Chronicle for Virginia & the District of Columbia

By way of background, E-Verify is an internet-based system operated by the Department of Homeland Security (DHS) that allows employers to verify their employees' work eligibility. E-Verify aims to ensure that federal government contractors do not hire unauthorized immigrant workers. The E-Verify system cross checks information from the I-9 (Employment Eligibility Verification Form) used by employers with immigration and social security databases.

After considerable delay, beginning on September 8, 2009, most federal government contract solicitations and federal government contract awards will include a clause requiring federal government contractors to use E-Verify. Government contractors will have 30 days from the contract date to enroll in E-Verify.

As a practical matter, federal government contractors and subcontractors in Virginia, the District of Columbia, and nationwide should begin taking steps now for a smooth transition to the E-Verify system. DHS'
frequently asked questions and answers about the E-Verify system is a good place to begin getting up to speed.

In an effort to promote hiring and promotion of individuals with disabilities in the federal government, the U.S. Equal Employment Opportunity Commission (EEOC) has issued a new question-and-answer guide, which can be found here.

Federal contractors in Virginia, the District of Columbia and nationwide should check out the Office of Federal Contract Compliance Programs' (OFCCP) new website, which aims to make it easier for employers to find and use information relating to compliance with OFCCP regulations. As readers of this blog know, OFCCP has responsibility for various programs relating to anti-discrimination and affirmative action obligations of federal contractors.

The U.S. Department of Labor's, Office of Federal Contract Compliance Programs (OFCCP) issued a press release announcing a $1.5 million settlement against a federal contractor accused of discriminating against women and certain minority men in hiring procedures. OFCCP determined that applicant testing and screening procedures used by a Texas company, Vought Aircraft Industries, disproportionately eliminated African American men, Asian men, and all women from certain beginner jobs in aircraft assembly.

This case serves as a reminder to federal contractors and subcontractors in Virginia, the District of Columbia, and nationwide that it is important to screen your screening tools to eliminate the potential for claims of sex, gender or other forms of employment discrimination.