As we come to the close of 2008 and the end of Charles James' era of directing the OFCCP, I thought it would make sense to provide a quick update and reflect back on the tenure of Mr. James and his leadership.

Each Deputy Assistant Secretary of the OFCCP brought change to the OFCCP and I think it would be safe to say each used the successes of the past administration to help the OFCCP evolve. To gain an understanding of the impact that Charles James had on the OFCCP, you must first look at the changes he put in place since being appointed Deputy Assistant Secretary for the Employment Standards Administration and Director of the Office of Federal Contract Compliance Programs (OFCCP) on June 12, 2001.

The OFCCP introduced seven new directives in the last seven months, with 15 directives in the eight years that Charles James was over the OFCCP. The seven directives on the books in 2008 mark the highest policy revision activity at the OFCCP, nearly doubling 1998 where four directives where passed. In addition to the 15 directives, Charles James passed the Internet Applicant revisions to the Executive Order in October 2005. Since President Carter formed the OFCCP, they have passed 38 directives. This means that Charles James passed over 39% of the directives in his eight year tenure.

Whether or not you agree with the directives Charles James passed, you cannot deny that he helped recover over $300 million in make whole remedies during his tenure. The official numbers for Fiscal 2008 are in and the OFCCP had another record year. The record $67,510,982 in back pay, salary and benefits for an unprecedented 24,508 workers represent nearly two and one half times the make whole remedies from 2001 where over $28 million was recovered.

Charles James was able to accomplish this by incorporating his business experience from Bell and implementing a business plan to change the OFCCP. In doing so, he introduced business execution to the agency's national office and showed success year after year. Charles James mentioned on many occasions that he "won't give away the secret sauce of the OFCCP". I suggest the secret sauce has been front and center since 2003 where the focus was shifted to systemic discrimination and as a result the fines have never reduced from one fiscal year to the next.

As we look at the new administration coming into office, many are wondering if the OFCCP will be as effective. To answer this you have to look at the business model Charles James incorporated that the next Deputy Assistant Secretary will inherit. First and foremost no cases move forward in the OFCCP until they pass the threshold of case worthiness. Once met, the case goes to the solicitors' office (OFCCP lawyers) who reviews cases to determine the merit of pursuing. Then and only then does the OFCCP invest its time in litigation. This is in stark contrast to the prior administrations of the OFCCP. To quote Charles James, he eliminated the "drive-by audits" that were once an issue with government contractors. Furthermore, Charles James restructured the departments in the OFCCP and the statistician group is now over the technology department.

No matter who is appointed as the new Deputy Assistant Secretary of the OFCCP, they will receive the "Secret Sauce" from Charles James and be poised to eclipse the amount of make whole remedies recovered under Charles James tenure.