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
OFCCP Acting Director Addresses OFCCP Priorities and Initiatives
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
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 –
OFCCP to Reconsider Use of EEO -1 Component 2 Data
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
President Biden Revokes Controversial Executive Order Limiting Contactor Diversity Trainings Shortly After Taking Office
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
Court Enjoins Enforcement of Combatting Race and Sex Stereotyping Executive Order for Federal Contractors and Grantees
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
LGBT Advocacy Groups File Lawsuit Challenging President Trump’s Executive Order on Diversity Trainings
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
Civil Rights Groups File Challenge to President Trump’s Executive Order on Diversity Trainings
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
OFCCP Provides Additional Guidance On “Combatting Race and Sex Stereotyping” Executive Order
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
[Podcast]: OFCCP Opens Hotline for Complaints of Race and Sex Stereotyping in Workplace Training
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