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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