August 2013

The Office of Federal Contract Compliance Programs (“OFCCP”) today released its final rules implementing the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act regarding individuals with disabilities.  The rules bring about significant changes for the obligations of federal contractors to take affirmative action regarding veterans and individuals with disabilities.

As the federal contractor community awaits the final veterans and disability affirmative action regulations, the Office of Federal Contract Compliance Programs (OFCCP) is keeping itself busy cleaning house.

OFCCP has maintained a Directives System since 1979 to distribute guidance to its staff and members of the public on OFCCP policy. …

A Department of Labor Administrative Law Judge (“ALJ”) ruled on August 5, 2013 that the Office of Federal Contract Compliance Programs (“OFCCP”) cannot proceed with a disparate impact claim against a clothing manufacturer because “Non-Asians” is “neither a race nor an ethnic group” for purposes of Executive Order 11246.

OFCCP…

Last week, a divided Department of Labor Administrative Review Board (“ARB”) agreed to reconsider its ruling that the Office of Federal Contract Compliance Programs (“OFCCP”) did not have jurisdiction over a federal contractor based solely on its participation in TRICARE, the Department of Defense’s managed health care program for active duty and retired military members and their families.

Yesterday, the long-awaited proposed regulations of the Office of Federal Contract Compliance Programs (“OFCCP”) addressing federal contractors’ affirmative action and nondiscrimination obligations for both individuals with disabilities and covered veterans were submitted to the Office of Management and Budget (“OMB”) for review. 

The proposed regulations, as written, would make significant…