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Government Contractor Compliance & Regulatory Update

Category Archives: OFCCP

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Labor Secretary Defends OFCCP-EEOC Merger

Posted in OFCCP

As previously reported, the Trump Administration’s proposed budget for fiscal year 2018 includes a plan to merge the Office of Federal Contract Compliance Programs (“OFCCP”) into the Equal Employment Opportunity Commission (“EEOC”). Pragmatically, this would add the OFCCP’s broad responsibilities to an already overburdened EEOC, without providing the EEOC any additional funding to accomplish its… Continue Reading

Trump Administration’s Budget Proposes Major Changes For OFCCP

Posted in Department of Labor, OFCCP

On May 23, 2017, the Trump Administration released its proposed fiscal year 2018 budget. Not surprisingly, the budget proposes significant changes for the Office of Federal Contract Compliance Programs (“OFCCP”).  In the Department of Labor’s budget proposal, the Administration has laid the groundwork to merge the OFCCP into the Equal Employment Opportunity Commission (“EEOC”) by… Continue Reading

OFCCP Announces New Veteran Hiring Benchmark

Posted in OFCCP

The OFCCP has announced its 2017 Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark. The new benchmark is 6.7%, slightly lower than the previous year’s 6.9% benchmark. The VEVRAA Benchmark is the figure which federal contractors must use to assess the effectiveness of their outreach programs for the hiring of veterans. Contractors may either use the OFCCP’s… Continue Reading

Renewed OFCCP Voluntary Self-Identification of Disability Form Now Available

Posted in Federal Contractors, OFCCP

Earlier today, the Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget renewed the voluntary self-identification form for individuals with disabilities for an additional three years. This renewed Voluntary Self-Identification of Disability form is exactly the same as the prior form, except that it has a new expiration date… Continue Reading

Trump Administration Will Retain LGBT Protections for Government Contractor Employees

Posted in Discrimination, OFCCP

Although the first eleven days of the Trump Administration have been full of activity and controversy, federal government contractors have been waiting to see if President Trump will undo or modify the compliance obligations imposed on them through the numerous Executive Orders issued by President Obama. This morning (January 31, 2017) the White House announced… Continue Reading

OFCCP Sues Google, Seeking Pay Data

Posted in OFCCP

On January 4, 2017, the Office of Federal Contractor Compliance Programs (OFCCP) sued Google, claiming that the tech giant is illegally withholding information about the compensation it provides its employees.  OFCCP seeks the information as part of an ongoing review of Google’s compliance with the various equal protection laws enforced by the OFCCP.

Thomas M. Dowd Named OFCCP’s Acting Director

Posted in OFCCP

With Patricia Shiu stepping down as Director of the Office of Federal Contractor Compliance Programs (“OFCCP”) on November 6, 2016, Thomas M. Dowd has been named OFCCP’s Acting Director, effective November 7, 2016.  He will serve until the new Trump Administration’s Secretary of Labor names a permanent director. Mr. Dowd previously served as OFCCP’s career… Continue Reading

New Interim Rule Prohibits Federal Contractors From Retaliating Against Employees Who Discuss Compensation With Colleagues

Posted in Compensation, Federal Contractors, OFCCP

On September 30, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration issued an interim rule titled “Non-Retaliation for Disclosure of Compensation Information.” The interim rule implements Executive Order 13665 (the “Order”).  The Order, which President Obama signed on April 8, 2014, prohibits federal contractors from retaliating against employees who… Continue Reading

GAO Releases Detailed Report Criticizing The OFCCP

Posted in Department of Labor, OFCCP

The Government Accountability Office (“GAO”) has released a report critical of the Office of Federal Contractor Compliance Programs (“OFCCP”) and making suggestions for improvement.  The report followed the GAO’s investigation into the OFCCP’s practices, including conducting interviews with 27 industry groups and 24 government contractors.

Proskauer Attends And Presents At The Industry Liaison Group’s National Conference

Posted in Labor Law, OFCCP

From August 3-5, the Industry Liaison Group, a community of government contractors and members of the government contractor community, held its National Conference in Charlotte, North Carolina. The event featured various speakers on a multitude of topics, including pay equity and achieving equality in the workplace. Proskauer attorneys Connie Bertram, Guy Brenner, and Alex Weinstein… Continue Reading

New Sex Discrimination Guidelines Take Effect August 15, 2016

Posted in Discrimination, OFCCP

We have previously written about the updated sex discrimination guidelines recently published by OFCCP. Among other mandates, the guidelines require federal government contractors to provide paternity leave on an equal basis to maternity leave.  The guidelines also prohibit discrimination based on gender identity and sex-based stereotypes, such as whether an individual dresses in conformity with… Continue Reading

NLRB Takes Steps To Facilitate Sharing Of Federal Contractor Labor Law Violations In Anticipation Of The Final Fair Pay And Safe Workplaces (a.k.a “Blacklisting”) Rules

Posted in Labor Law, OFCCP

In a July 1, 2016 memorandum (OM 16-23), the Office of the General Counsel for the National Labor Relations Board (“NLRB”) announced that it was beginning to take steps to comply with the Fair Pay and Safe Workplaces Executive Order (the “Order”) – the regulations for which have not yet been finalized.  The Order imposes… Continue Reading

OFCCP Renews Compliance Investigation Scheduling Letter

Posted in OFCCP

On July 1, 2016, the Office of Federal Contractor Compliance Programs (“OFCCP”) announced that it had renewed its Scheduling Letter and Itemized Listing for use during compliance investigations.  The renewal lasts for three years.  In announcing the renewal, the OFCCP noted that it made certain “clarifying edits,” designed to “ensure contractors understand the information being… Continue Reading

OFCCP Settles Sex Discrimination Claims With Mental Health Provider

Posted in Discrimination, OFCCP

The Office of Federal Contractor Compliance Programs (“OFCCP”) recently settled a case involving allegations of gender discrimination with federal contractor, Integris Mental Health (“Integris”).  As part of the settlement, OFCCP and Integris entered into a conciliation agreement, governing the terms of the settlement. OFCCP found that Integris “discriminated against female applicants for occasional, part-time Mental… Continue Reading

OFCCP Announces New Veteran Hiring Benchmark

Posted in OFCCP, Veterans

Yesterday, OFCCP announced its 2016 Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark. The new benchmark is 6.9%, slightly lower than the previous year’s 7% benchmark. The VEVRAA Benchmark is the figure which federal contractors must use to assess the effectiveness of their outreach programs for the hiring of veterans. Contractors may either use the… Continue Reading

OFCCP Publishes Final Rule Modernizing Sex Discrimination Guidelines

Posted in Discrimination, OFCCP

For the first time in more than four decades, OFCCP revised its Sex Discrimination Guidelines prohibiting discrimination by government contractors on the basis of sex (the “final rule”). The final rule applies to employers with Federal contracts or subcontracts totaling $10,000 or more over a 12-month period.  The final rule outlines sex-based discriminatory practices that… Continue Reading

OMB Approves Revised Directive Regarding Functional Affirmative Action Programs

Posted in Affirmative Action Plan (AAP), OFCCP

On April 28, 2016, the U.S. Office of Management and Budget (“OMB”) approved the Depart of Labor’s revised directive regarding Functional Affirmative Action Programs (“FAAP”).  The revised directive amends the procedures for applying for a FAAP and clarifies the obligations that apply to contractors with approved FAAP Agreements.  The revised directive replaces the prior directive… Continue Reading

Fair Pay And Safe Workplaces Regulations Sent To OMB For Approval

Posted in Department of Labor, Federal Acquisitions, OFCCP

On May 4, 2016, the Office of Management and Budget (“OMB”) received proposed final regulations for the implementation of President Obama’s controversial Fair Pay and Safe Workplaces Executive Order (the “Order”).  The Order, often referred to as the “blacklisting regulation,” imposes additional disclosure and compliance obligations on federal government contractors with contracts valued at $500,000… Continue Reading

OFCCP Sues B&H for Alleged Discrimination

Posted in OFCCP

Last week, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) filed an administrative lawsuit against B&H Foto & Electronics Corporation (“B&H”), a major New York-based electronics retailer, alleging systematic discrimination against Hispanic, black, female, and Asian employees. Following a two-year compliance review, OFCCP’s complaint accuses B&H of (1) exclusively hiring Hispanic… Continue Reading

Proposed EEO-1 Revisions Requiring Production Of Pay Data Published In Federal Register

Posted in Discrimination, EEOC, OFCCP

On February 1, 2016, the U.S. Equal Employment Opportunity Commission’s (“EEOC’s”) proposed revisions to the Employer Information Report (“EEO-1”) were published in the Federal Register.  Our original post on the anticipated release of this publication can be found here.  With the publication, the EEOC also released a proposed revised version of the EEO-1 report, which… Continue Reading

President Obama Expected To Announce New EEO-1 Pay Equity Reporting Requirements

Posted in Discrimination, EEOC, OFCCP

Today, President Obama is expected to announce new pay equity reporting requirements that would require employers to disclose information concerning compensation and hours worked with their annual EEO-1 reports. According to an EEOC publication in the Federal Register, starting in 2017, employers with more than 100 employees will be required to report “W-2 earnings and… Continue Reading

New Pay Transparency Rules Go Into Effect January 11, 2016 – OFCCP Offers Webinar To Explain New Obligations

Posted in Department of Labor, Discrimination, OFCCP

On January 11, 2016, the final rule implementing Executive Order 13665 (the “Order”) goes into effect. The Order prohibits federal contractors from firing or otherwise disciplining employees or job applicants for discussing their pay or the pay of their co-workers.  Our previous blog post outlining the final rule’s requirements can be found here. Today (January… Continue Reading