On August 4, 2023, OFCCP published its final rule, “Pre-Enforcement Notice and Conciliation Procedures” (the “New Rule”) which “modif[ies] procedures and standards [OFCCP] uses when issuing pre-enforcement notices and securing compliance through conciliation.” In a blog post, OFCCP Acting Director Michele Hodge touts the final rule as one that…

Speaking at the annual NILG conference, on August 2, 2023, OFCCP Acting Director Michele Hodge addressed hundreds of attendees in a wide ranging speech, discussing the agency’s priorities and initiatives.  Among other highlights of her address:

  • Acting Director Hodge made clear that OFCCP does not view the recent Supreme
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On June 2, 2023, the Federal Acquisition Regulation (FAR) Council published an interim rule which requires contracting officers to insert a new clause – FAR 52.204-27 – in solicitations after June 2, 2023 or when exercising an option or modifying an existing task or delivery order after that date.

The…

As we previously reported, OFCCP’s updated Voluntary Self-Identification of Disability Form (CC-305) was approved by the Office of Management and Budget (OMB) in April 2023. Form CC-305 was updated to include “the preferred language for disabilities and… additional examples of disabilities.” Federal contractors and subcontractors (“Contractors”) must begin using…

As we previously reported, federal contractors and subcontractors (“Contractors”) have until June 29, 2023 to certify the status of their Affirmative Action Programs (“AAPs”) with the OFCCP Contractor Portal. Specifically, covered Contractors are asked to certify, on an annual basis, whether they have met their obligation “to develop…

On June 5, 2023, OFCCP released its Corporate Scheduling Announcement List (CSAL) for construction contractors. The list identifies 250 construction contractors selected for compliance evaluation. As OFCCP states in its announcement regarding the new CSAL, the list is a “courtesy notification” to contractors selected for evaluation, and the review will…

On May 1, the Biden Administration announced that the federal contractor and subcontractor (“Contractor”) vaccine mandate (the “Contractor Vaccine Requirement”) issued by the Safer Federal Workforce Task Force (the “Task Force”) in response to President Biden’s Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors will officially end…

On April 25, 2023, the Office of Management and Budget (OMB) approved OFCCP’s revised Voluntary Self-Identification of Disability Form (CC-305). OFCCP states the form was revised in order to “update the preferred language for disabilities and to include additional examples of disabilities.”

For example, the prior version of the form…

On April 17, 2023, after giving federal contractors and subcontractors (“Contractors”) several opportunities to submit objections, OFCCP published EEO-1 data for Contractors that “either affirmatively agreed to, or did not object to, the release of their EEO-1 data.”  As we previously reported, OFCCP had received a Freedom of Information…