Government Contractor Compliance & Regulatory Update

Category Archives: Discrimination

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

By Guy Brenner and Olympia Karageorgiou on Posted in Discrimination, Federal Contractors, OFCCP
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 to Reconsider Use of EEO -1 Component 2 Data

By Guy Brenner and Megan Childs on Posted in Compensation, Department of Labor, Discrimination, Employment Law, Federal Contractors, OFCCP
OFCCP announced on September 1, 2021 that it plans to rescind a November 2019 notice regarding EEO-1 Component 2 data. EEO-1 Component 2 data was required to be submitted in 2019, and consists of aggregated employee wage and hours worked data, categorized by EEO-1 classification, race, ethnicity, and sex. The 2019 notice provided OFCCP would … Continue Reading

President Biden Revokes Controversial Executive Order Limiting Contactor Diversity Trainings Shortly After Taking Office

By Guy Brenner on Posted in Discrimination
As predicted, just hours after taking office, President Biden revoked the controversial Combatting Race and Sex Stereotyping Executive Order (the “Order”) issued by his predecessor in September.  As previously reported, the Order, among other things, required new contracts entered into with the federal government to include a clause prohibiting federal contractors from including certain concepts … Continue Reading

Court Enjoins Enforcement of Combatting Race and Sex Stereotyping Executive Order for Federal Contractors and Grantees

By Guy Brenner and Abigail Rosenblum on Posted in Discrimination
Quick Hit: On December 22, 2020, a federal judge issued a nationwide preliminary injunction enjoining sections of President Trump’s recent “Combatting Race and Sex Stereotyping” Executive Order (the “Executive Order”) that limit government contractors’ anti-discrimination and diversity trainings.  The injunction prohibits the Defendants from enforcing the Executive Order as it pertains to federal government contractors … Continue Reading

LGBT Advocacy Groups File Lawsuit Challenging President Trump’s Executive Order on Diversity Trainings

By Abigail Rosenblum and Guy Brenner on Posted in Discrimination
Quick Hit: On November 2, 2020, LGBT advocacy groups filed the second challenge to President Trump’s recent Executive Order on “Combatting Race and Sex Stereotyping” (the “Order”).  Like the first lawsuit, this lawsuit alleges that the Order violates the First and Fifth Amendments by infringing on the Constitution’s guarantees of Free Speech and Due Process.  Additionally, this Complaint … Continue Reading

Civil Rights Groups File Challenge to President Trump’s Executive Order on Diversity Trainings

By Abigail Rosenblum and Guy Brenner on Posted in Discrimination
Quick Hit: On October 29, 2020, civil rights groups filed a lawsuit challenging President Trump’s recent Executive Order on “Combatting Race and Sex Stereotyping” (the “Order”).  The Complaint alleges that the Order violates the First and Fifth Amendments by infringing on the Constitution’s guarantees of Free Speech, Equal Protection, and Due Process.  The Complaint also alleges … Continue Reading

OFCCP Provides Additional Guidance On “Combatting Race and Sex Stereotyping” Executive Order

By Guy Brenner and Caroline Guensberg on Posted in Discrimination, OFCCP
On October 21, 2020 the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) held a stakeholder call regarding the agency’s implementation of Executive Order 13950, “Combatting Race and Sex Stereotyping” (the “Order”) which, as we have previously reported, restricts the concepts which contractors may include in anti-discrimination and diversity trainings provided to … Continue Reading

[Podcast]: OFCCP Opens Hotline for Complaints of Race and Sex Stereotyping in Workplace Training

By Guy Brenner and Harris Mufson on Posted in Discrimination, Employment Law
In the latest episode of The Proskauer Brief podcast, partners Harris Mufson and Guy Brenner discuss the Trump administration’s recent Executive Order on Combating Race and Sex Stereotyping, which restricts the concepts that government contractors can include in their employee diversity and awareness training programs.  It also imposes certain penalties and sanctions, including debarment for failure … Continue Reading

OFCCP Releases Guidance on Executive Order Limiting Contractors’ Anti-Discrimination Trainings

By Guy Brenner and Abigail Rosenblum on Posted in Discrimination, OFCCP
Quick Hit: The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) has issued guidance on President Trump’s September 22, 2020 “Executive Order on Combatting Race and Sex Stereotyping” (the “Order”) which restricts the concepts which contractors may include in anti-discrimination and diversity trainings provided to their employees.  Though much of the publication … Continue Reading

OFCCP Opens Hotline for Complaints of Race and Sex Stereotyping in Workplace Training

By Guy Brenner and Caroline Guensberg on Posted in Discrimination, OFCCP
As we previously reported, on September 22, 2020, President Trump issued his “Executive Order on Combatting Race and Sex Stereotyping” (the “Order”), which seeks, among other things, to prohibit government contractors from including certain concepts in diversity and awareness trainings.  The Order directed the Office of Federal Contract Compliance Programs (“OFCCP”) to establish a “hotline” … Continue Reading

New Executive Order Limits Contractors’ Anti-Discrimination Trainings

By Guy Brenner and Abigail Rosenblum on Posted in Discrimination
Quick Hit: On September 22, 2020, President Trump issued an “Executive Order on Combatting Race and Sex Stereotyping” (the “Order”).  The Order, among other things, requires new contracts entered into with the federal government to include a clause prohibiting federal contractors from including certain concepts in diversity and awareness trainings – including certain concepts that … Continue Reading

Executive Order Addresses Federal Contractors’ Use of Foreign Workers

By Guy Brenner, David Grunblatt and Caroline Guensberg on Posted in Discrimination
Quick Hit: On August 3, 2020, President Trump issued an “Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” (the “Order”), which requires federal agencies to perform an internal audit of their contracting practices and the use of foreign workers by federal government contractors.  Further, the Order instructs the … Continue Reading

OFCCP Will Not Use EEO-1 Component 2 Data In Audits

By Guy Brenner and Caroline Guensberg on Posted in Compensation, Department of Labor, Discrimination, EEOC, Employment Law, federal contractor, Federal Contractors, Labor Law, OFCCP
On November 22, 2019, OFCCP announced it will not “request, accept, or use” EEO-1 Component 2 pay and hours worked data from government contractors in connection with audits (or otherwise). OFCCP explained that it will not request or use the data because it is “collected in a format that is highly aggregated” and, therefore, is … Continue Reading

OFCCP’s Second Opinion Letter: Contractors Can Seek Advance Approval of PAGs, But…

By Guy Brenner and Mark A. Linscott on Posted in Discrimination
On July 22, 2019, OFCCP issued its second published opinion letter addressing whether “contractors can work with OFCCP to develop a PAG [Pay Analysis Grouping] structure that OFCCP would accept as valid for use in future OFCCP audits.” PAGs are groupings of what should be similarly-situated employees or positions used by OFCCP for compensation analysis … Continue Reading

Proskauer Attends National Industry Liaison Group’s Annual Conference

By Guy Brenner on Posted in Discrimination
The National Industry Liaison Group (“NILG”) is holding its annual conference in Milwaukee, Wisconsin this week. The NILG is an employer organization focused on improving interactions with OFCCP and educating its members on OFCCP compliance and diversity issues. Its annual conference brings together hundreds of HR and in-house legal professionals from government contractors, as well … Continue Reading

EEOC Opens EEO-1 Portal

By Guy Brenner on Posted in Discrimination
As we previously reported, a federal judge has lifted the stay issued by the Office of Management and Budget (“OMB”) that halted implementation of the EEOC’s revised EEO-1 form that would have added compensation data to the annual EEO-1 survey submission (the “Revised EEO-1”). In so ruling, the judge ordered “that the previous approval of … Continue Reading

BREAKING: Judge Lifts Stay On EEO-1 Pay Data Submission

By Guy Brenner on Posted in Discrimination
Quick Hit: A federal judge has issued an order lifting the stay issued by the Office of Management and Budget (“OMB”) that halted implementation of the EEOC’s revised EEO-1 form that would have added compensation data to the annual EEO-1 survey submission (the “Revised EEO-1”). In so ruling, the judge ordered “that the previous approval … Continue Reading

Department Of Labor Challenges ALJ’s Decision On Google’s Obligation To Respond To OFCCP Data Requests

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Discrimination, OFCCP
In July, we reported that an Administrative Law Judge (“ALJ”) had ruled on OFCCP’s dispute with Google over the tech giant’s refusal to turn over certain documents in connection with a routine audit of Google’s headquarters. In his Recommended Decision and Order, the ALJ narrowed the scope of what OFCCP could request from Google without … Continue Reading

U.S. House Committee on Appropriations Votes to Defund Revised Form EEO-1 Requiring Disclosure of Pay Data

By Alex Weinstein and Connie Bertram on Posted in Compensation, Discrimination, EEOC, Federal Contractors
On July 13, 2017, the House Committee on Appropriations voted to defund efforts to implement the Equal Employment Opportunity Commission’s (“EEOC”) revised Form EEO-1.  If the Appropriations Bill is ultimately passed, it will severely limit the EEOC’s ability to implement its revised EEO-1.… Continue Reading

Google Prevails, In Part (And For Now), In Compensation Data Dispute With OFCCP

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Discrimination, OFCCP
On July 14, 2017, an Administrative Law Judge (“ALJ”) for the Department of Labor issued a Recommended Decision and Order (the “Opinion”) in the case brought by the Office of Federal Contractor Compliance Programs (“OFCCP”) against Google over Google’s refusal to turn over certain employee data as part of a compliance audit.  The ALJ’s thorough … Continue Reading

Trump Administration Will Retain LGBT Protections for Government Contractor Employees

By Guy Brenner and Connie Bertram on Posted in Discrimination, OFCCP
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

New Sex Discrimination Guidelines Take Effect August 15, 2016

By Connie Bertram and Amy Blackwood on Posted in Discrimination, OFCCP
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

OFCCP Settles Sex Discrimination Claims With Mental Health Provider

By Guy Brenner and Alex Weinstein on Posted in Discrimination, OFCCP
The Office of Federal Contractor Compliance Programs (“OFCCP”) recently settled a case involving allegations of gender discrimination with federal contractor, Integris Mental Health (“Integris”).  As part of the settlement, OFCCP and Integris entered into a conciliation agreement, governing the terms of the settlement. OFCCP found that Integris “discriminated against female applicants for occasional, part-time Mental … Continue Reading
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