Along with many other internal changes, the OFCCP has altered the way they report the financial remedies they helped win. These recoveries are won by OFCCP on behalf of workers who have faced discrimination in a federal contractor’s employment policies or practices. These are most often cases of discrimination in the hiring process.
From 2004-2008, the OFCCP reported four years of record-breaking financial recoveries, culminating with over $67 million in Fiscal Year (FY) 2008. This made for a shock when they reported recovering only a little more than $9 million in FY 2009. However, the real difference is not in the OFCCP’s enforcement efforts or effectiveness but rather in their reporting methodology.
According to an OFCCP press release, the FY 2008 recoveries of over $67 million included back pay, annualized salary, and benefits. The FY 2009 amount of over $9 million is back pay only. Therefore, the reported recoveries cannot be compared at face value. The disparity between the FY 2008 and 2009 values could easily be accounted for by including, or excluding, the monetary values of annualized salary and benefits that were recovered each year. Unfortunately, that information is not currently available to the public.
Other factors can be compared more transparently. For instance, OFCCP won corrective action for more than 21,839 workers in FY 2009, down slightly from their FY 2008 record of 24,508 recompensed workers. In FY 2009, OFCCP completed 4,000 compliance evaluations compared to 4,333 in FY 2008. All of this was accomplished despite the fact that FY 2009 was a year of administrative transition and reorganization.