To focus on the importance of the federal contractor community’s role in President Barack Obama’s commitment to enacting change with the “power of the pen,” Secretary of Labor Thomas Perez spoke in early August at the 2014 National Industry Liaison Group’s (NILG) national meeting in Washington, D.C. This was the first time a sitting secretary of labor spoke to the NILG. Secretary Perez emphasized the importance of federal contractors making inclusion and opportunity a part of the “DNA” of companies in the American workforce. 
Highlighting an issue with opportunity gaps in the labor force, Perez told federal contractors that having a culturally competent and linguistically diverse workforce is important and that inclusion is how we can succeed in the economy. Because of their affirmative action and nondiscrimination obligations under regulations imposed by the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP), federal contractors must make inclusion and opportunity a part of their business, and they are at what Perez called the forefront of the “orchestra of opportunity.”
Referencing President Obama’s recent “Fair Pay and Safe Workplaces” Executive Order, the secretary of labor told the group that the goal of that directive is to ensure a level playing field and that federal contractors’ involvement in egregious acts should count against them. Pointing out that the procurement process is open to all and tax dollars should be spent in a manner consistent with government values, he also remarked that compliance is not a “gotcha” business and that he understands listening is a key component of the process of formulating new laws and regulations.
Citing the recent promulgation of the regulations implementing Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) as an example of a good listening session with the OFCCP, Secretary Perez made clear that the DOL’s current mode for charting the new legal environment for federal contractors is to listen and learn.
Perez’s remarks were highly anticipated given the recent flurry of presidential actions affecting federal contractors, including increases to the minimum wage for workers on federal contracts and prohibitions on discrimination based on sexual orientation or gender identity by contractors.
Emily L. Bristol is an attorney with Fortney & Scott, LLP, in Washington, D.C. She has experience representing employers through litigation, administrative proceedings, and mediation before state and federal agencies and courts, as well as counseling and advising public and private companies in all aspects of employment law. She may be contacted at ebristol@fortneyscott.com.