OFCCP recently updated its Frequently Asked Questions (“FAQs”) on the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act final rules. The most recent FAQs address questions regarding the availability of the “EEO is the Law” poster, the ability to use human resource information systems as the data analysis file for self-identification records, and acceptable language for Equal Opportunity clauses.
Affirmative Action
Treasury Adopts Final Rule Addressing Contractor Affirmative Action Under Section 342 of Dodd-Frank
By Michael J. Graham on
Section 342 of the Dodd-Frank Act requires specified federal agencies and departments, including the Treasury Department, to ensure fair inclusion and utilization of minorities, women, and minority-owned and women-owned businesses in all business and activities of the agency, including equal employment and affirmative action by contractors and subcontractors. On March 20, 2014, the Treasury Department issued Final Rules implementing Section 342. The Final Rule will go into effect on April 21.
DOL Seeks Remand Of District Court Case Regarding OFCCP’s Data Gathering Authority
By Daniel Davis on
Earlier this week the Department of Labor moved to remand Frito-Lay’s lawsuit seeking to block the production of employment data in connection with an OFCCP investigation into discrimination at its Dallas facility. Frito-Lay, Inc. v. Department of Labor, 3:12-cv-01747 (N.D. Tex. 2012). The resolution of this case may impact the scope of OFCCP’s authority to request documents from government contractors in compliance audits.
OFCCP Submits New Veterans and Disability Regulations to OMB
Posted on
Yesterday, the long-awaited proposed regulations of the Office of Federal Contract Compliance Programs (“OFCCP”) addressing federal contractors’ affirmative action and nondiscrimination obligations for both individuals with disabilities and covered veterans were submitted to the Office of Management and Budget (“OMB”) for review.
The proposed regulations, as written, would make significant…
Supreme Court Issues Important Affirmative Action And Employment Law Decisions
By Daniel Davis on
This week the Supreme Court issued three decisions that may significantly impact federal contractors and other employers:
In Fisher v. University of Texas, No. 11-345 (U.S. June 24, 2013), the Supreme Court held that a university admissions program using racial categories must survive “strict scrutiny” review. In other words,…