On Tuesday, the Office of Federal Contract Compliance Programs (“OFCCP”) announced a proposed rule to revise and modernize a sex discrimination guidance it issued in 1970 and clarify federal contractors’ obligations with respect to sex discrimination. As OFCCP explained, “[t]his update, the first in more than four decades, would reflect
January 2015
Fourth Circuit Potentially Expands Scope of FCA Liability
On January 8, Fourth Circuit Court of Appeals, in United States ex rel. Badr v. Triple Canopy Inc., embraced a theory of implied certification under the False Claims Act (“FCA”), representing a departure from prior Fourth Circuit jurisprudence.
Proposed Rule Would Allow Contractors’ Employees To File Whistleblower Disclosures With OSC
Last week, the U.S. Office of Special Counsel (“OSC”), an independent federal investigative and prosecutorial agency that handles claims of wrongdoing within the executive branch of the federal government, proposed revising its regulations to expand the categories of employees who may file a whistleblower disclosure with OSC. Currently, only federal…
New OFCCP FAQs Clarify Rules Regarding Collecting and Reporting Veterans Data
In an effort to address confusion resulting from the new VETS-4212 Form, OFCCP recently posted two new FAQs addressing issues related to collecting and reporting disclosure data.
The first FAQ addresses whether contractors can continue to invite applicants voluntarily to self-identify as a protected veterans using individual categories of protected…
California’s Fair Chance Employment Act Targets Construction Contractors
A new California law took effect January 1 that requires employers making bids on state contracts involving “onsite construction-related services” to certify they have “banned the box” on applications for onsite construction-related employment. As such, the new law prohibits oral or written inquiries into the applicant’s conviction history on or…