According to reports, OFCCP Director Jenny R. Yang is expected to leave her position this week. Director Yang became OFCCP Director on January 20, 2021.  At this time, it is not known who will replace her.

During her term, Director Yang has overseen several OFCCP developments, including:

  • Directive 2022-01, which addresses contractors’ obligations to produce information related to their compensation analyses during OFCCP audits. In the face of criticism that the Directive required production of materials protected by attorney-client privilege, the directive was subsequently revised in August 2022.
  • Proposing amendments to the agency’s Procedures To Resolve Potential Employment Discrimination, removing several contractor-friendly provisions from the procedures.
  • Directive 2022-02, titled “Effective Compliance Evaluations and Enforcement,” the stated intent of which is to “provide transparency on OFCCP’s compliance evaluation policies and expectations for contractors.” In enacting this directive, OFCCP reversed prior agency guidance and established that: (1) contractors are no longer guaranteed advance notice of audits; (2) contractors can no longer expect a 30-day extension for providing items requested in a scheduling letter; (3) contractors can expect more requests for additional data during audits; and (4) contractors can expect OFCCP’s audits to include more requests for witness information and more witness interviews.
  • Launching the Contractor Portal for federal contractors and subcontractors to annually certify compliance with the requirement to develop and maintain “an affirmative action program (AAP) for each establishment and/or functional unit.”
  • Proposing significant changes to the Compliance Review Scheduling Letter and Itemized Listing.
  • Rescinding a Trump-era regulation that expanded the exemption on religious entities’ compliance with the anti-discrimination provisions of Executive Order 11246.

We will continue to monitor and report on leadership changes within OFCCP.

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Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.

Photo of Olympia Karageorgiou Olympia Karageorgiou

Olympia Karageorgiou is an associate in the Labor Department and a member of the Employment Litigation & Arbitration Group.

During her time at Proskauer, Olympia has focused on a wide range of employment matters, including employment discrimination litigation, due diligence, and policies, handbooks…

Olympia Karageorgiou is an associate in the Labor Department and a member of the Employment Litigation & Arbitration Group.

During her time at Proskauer, Olympia has focused on a wide range of employment matters, including employment discrimination litigation, due diligence, and policies, handbooks and training, among others. Olympia has gained experience across a wide variety of industries including financial services, education, sports, and media and entertainment.

Olympia earned her J.D. from Yale Law School, where she was co-director of the Clinical Student Board and a member of the Reentry Clinic. While at Yale, she was also Academic Development co-chair of the Yale Black Law Students Association and served as a director of the Rebellious Lawyering Conference.

Prior to law school, Olympia was an AmeriCorps member in Dallas, Texas, focusing on issues related to education and social equity.