Government Contractor Compliance & Regulatory Update
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Federal Contractor Vaccine Mandate Will End on May 12

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 May 12, 2023. As we previously … Continue Reading

OFCCP Revised Voluntary Self-Identification of Disability Form Approved

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 asked individuals to indicate if … Continue Reading

OFCCP Publishes Non-Objecting Contractors’ EEO-1 Data And Provides Details Of Its Review Of Pending Objections

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 Act (“FOIA”) request from the Center … Continue Reading

OFCCP Proposes Revised Scheduling Letter and Itemized Listing

As we previously reported, OFCCP is seeking reauthorization of a revised Compliance Review Scheduling Letter (“Scheduling Letter”) and Itemized Listing. The Scheduling Letter and Itemized are issued by OFCCP at the outset of an audit and request multiple categories of documents from federal contractors selected for audit. A detailed discussion of the originally proposed changes … Continue Reading

OFCCP Releases 2023 VEVRAA Hiring Benchmark

The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2023 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) benchmark.  Effective March 31, 2023, the new benchmark is 5.4%, a slight decrease from 2022’s 5.5% benchmark.  This is OFCCP’s eighth reduction of the benchmark, which has steadily declined since its inception in 2014. The VEVRAA Benchmark is the … Continue Reading

Deputy Director Michele Hodge Will Become Acting Director of OFCCP

On March 30, 2023, outgoing OFCCP Director Jenny R. Yang confirmed what we had reported here – she will be leaving the agency. Effective April 3, 2023, Director Yang will begin serving as Deputy Assistant to the President for Racial Justice and Equity.  In her farewell announcement to “OFCCP Stakeholders” she shared that Deputy Director … Continue Reading

OFCCP Director Jenny Yang Reported to Be Leaving Agency

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 … Continue Reading

OFCCP’s Religious Exemption Rule Rescission to Take Effect March 31, 2023

OFCCP has completed the process of rescinding its Final Rule, “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption” (the “Religious Exemption Rule”), which came into effect on January 8, 2021. As we previously reported, the Religious Exemption Rule – adopted during the Trump Administration – expanded the existing exemption to religious entities’ compliance with … Continue Reading

OFCCP Announces Contractor Portal Will Open For AAP Certification On March 31, 2023

Updated on March 27, 2023 to include webinar details. On March 20, 2023, OFCCP announced its Contractor Portal will open to receive Affirmative Action Program (“AAP”) certification submissions on March 31, 2023.  Certifications must be made by June 29, 2023. OFCCP launched the Contractor Portal last year and required federal contractors and subcontractors to certify … Continue Reading

OFCCP (Again) Updates List of Contractors Whose EEO-1 Data Will Be Released

As we previously reported, OFCCP has received a Freedom of Information Act (“FOIA”) request seeking federal contractors’ and subcontractors’ (collectively, “Contractors”) EEO-1 reports from 2016-2020. After publishing a list of Contractors whose EEO-1 data would be released, OFCCP offered Contractors an opportunity to notify the agency if they were erroneously included on the list or otherwise … Continue Reading

OFCCP Updates List of Contractors Subject to Release of EEO-1 Data

As we previously reported here and here, OFCCP plans to release EEO-1 data for non-objecting contractors and subcontractors in response to a Freedom of Information Act (“FOIA”) request seeking contractors’ and subcontractors’ EEO-1 reports from 2016-2020.  After publishing a list of contractors and subcontractors’ whose EEO-1 data would be produced, OFCCP offered contractors an opportunity … Continue Reading

OFCCP (Yet Again) Extends Deadline and Issues Additional Guidance for Contractors Objecting to Release of EEO-1 Data

As we previously reported, OFCCP has received a Freedom of Information Act (“FOIA”) request seeking contractors’ and subcontractors’ EEO-1 reports from 2016-2020. OFCCP originally provided contractors and subcontractors until September 19, 2022 to submit objections as to why their data should not be produced.  That deadline was then extended to October 19, 2022. On February … Continue Reading

OFCCP Extends Deadline for Contractors to Object to Release of EEO-1 Data

As we previously reported, OFCCP plans to release EEO-1 data for non-objecting contractors in response to a Freedom of Information Act (“FOIA”) request seeking contractors’ and subcontractors’ EEO-1 reports from 2016-2020.  On February 2, 2023, OFCCP published a list of contractors whose data was scheduled to be released on or around February 8, 2023, and … Continue Reading

OFCCP Identifies Contractors Whose EEO-1 Data Will Be Released on February 8, 2023

As we previously reported, OFCCP has received a Freedom of Information Act (“FOIA”) request seeking federal contractors’ and subcontractors’ EEO-1 reports from 2016-2020.  The agency previously instructed contractors who objected to the release of their EEO-1 reports to submit their objections by October 19, 2022. OFCCP has now released a list of non-objecting contractors whose … Continue Reading

OFCCP Announces New Round of Contractors Selected for Audit — Was Your Company Selected?

On January 20, 2023, OFCCP announced the release of the first Corporate Scheduling Announcement List (CSAL) of FY23. The list consists of 500 locations selected for a Compliance Review (Establishment Review), Corporate Management Compliance Evaluation, or Functional Affirmative Action Program Review. Note that the list merely notifies these contractors that they will be audited – audits will not … Continue Reading

Fifth Circuit Affirms Injunction Preventing Enforcement of Contractor Vaccine Mandate Against Louisiana, Indiana, and Mississippi

On December 19, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed a preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued in response to Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (the “federal contractor mandate”). Louisiana, Indiana, Mississippi (the “Plaintiff States”),  sought to enjoin enforcement … Continue Reading

OFCCP Proposes Changes To Scheduling Letter and Itemized Listing

On November 21, 2022, OFCCP published notice in the Federal Register that it is seeking reauthorization of a revised Compliance Review Scheduling Letter (“Scheduling Letter”) and Itemized Listing.  These documents are issued at the outset of an OFCCP audit, requesting multiple categories of documents from the contractor selected for audit. OFCCP’s proposed revisions to the … Continue Reading

OFCCP Adopts Updated “Know Your Rights” Poster for Contractors

As our colleagues previously reported, on October 19, 2022, the EEOC updated its “Know Your Rights” poster for employers.  On October 28, 2022, the Office of Federal Contractor Compliance Programs (“OFCCP”) notified contractors that they must post the new EEOC poster, replacing the 2009 “EEO is the Law” poster and the 2015 “EEO is the … Continue Reading

Task Force and OMB Issue New Guidance on Federal Contractor Vaccine Mandate

As federal contractors are aware, on December 7, 2021, a federal judge issued a nationwide preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements 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. … Continue Reading
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