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
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
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.
On January 1, 2017, new federal contract paycheck transparency, independent contractor notification, and paid sick leave requirements go into effect. Below we summarize the key elements of these new regulatory requirements.
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
As reported in Bloomberg BNA, Patricia Shiu will be stepping down as Director of the Office of Federal Contractor Compliance Programs (“OFCCP”) on November 6, 2016.
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
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.
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
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
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
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
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
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
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
On November 19, 2015, the U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) announced that it reached a settlement with nine locations of a government contractor “to remedy systemic hiring and pay discrimination violations.” The contractor in question provides uniform and facility services products to private businesses and the federal government. The… Continue Reading
Today (August 5, 2015), the U.S. Department of Labor (“DOL”) published an announcement in the Federal Register informing the public that both it and the FAR Council have extended the notice and comment period for the proposed guidance and regulations implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”). The public now has… Continue Reading
On August 3, 2015, the Office of Federal Contractor Compliance Programs (“OFCCP”) released its employment discrimination complaint form in five additional languages. The complaint form, which is available on OFCCP’s website, is now available in Spanish, Chinese, Korean, Vietnamese, and French. Previously, it had only been available in English. Employees of federal contractors may use… Continue Reading
On July 15, 2015, eight members of Congress sent a letter to the U.S. Secretary of Labor and the Administrator for the Office of Federal Procurement Policy, requesting that the proposed guidance and regulations for the Fair Pay and Safe Workplaces Executive Order (the “Order”) be withdrawn. This letter comes just days after the Department… Continue Reading
OFCCP recently sent its proposed final regulations implementing Executive Order 13665 (the “Order”) to the Office of Management and Budget (“OMB”) for final approval. The Order, among other things, mandates that federal contractors disclose additional compensation information to employees and permit employees openly to discuss compensation without retribution. The Order directed the U.S. Department of… Continue Reading
On July 14, 2015 the U.S. Department of Labor (“DOL”) announced that both it and the FAR Council have extended the notice and comment period for the proposed guidance and regulations implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”). The public now has through August 11, 2015 to comment on the proposed… Continue Reading
The U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) has filed a lawsuit before the Office of Administrative Law Judges against WMS Solutions LLC (“WMS”) alleging violations of Executive Order 11246. Executive Order 11246 prohibits discrimination in employment by federal contractors on the basis of race, color, sex, religion, sexual orientation,… Continue Reading
Yesterday, Executive Order (“EO”) 11246, as amended by EO 13762, officially went into effect, representing the first time in the federal sector that sexual orientation and gender identity have been expressly protected. On July 21, 2014, President Obama issued EO 13762, which amended EO 11246 to prohibit federal contractors from discriminating against employees on the… Continue Reading
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 present-day workplace realities and align… Continue Reading