Government Contractor Compliance & Regulatory Update

Category Archives: Discrimination

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[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 and sanctions, including debarment for failure … Continue Reading

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

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

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

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

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

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…

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

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

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

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

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

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

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

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

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

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

OFCCP Publishes Final Rule Modernizing Sex Discrimination Guidelines

For the first time in more than four decades, OFCCP revised its Sex Discrimination Guidelines prohibiting discrimination by government contractors on the basis of sex (the “final rule”). The final rule applies to employers with Federal contracts or subcontracts totaling $10,000 or more over a 12-month period.  The final rule outlines sex-based discriminatory practices that … Continue Reading

Seventh Circuit Allows Reverse Racism Claims To Proceed Against Contractor

Earlier this week, the Seventh Circuit allowed a Caucasian construction worker to take his reverse racism claims to trial because there were factual disputes about the reason for his termination. The plaintiff, Terry Deets, alleges that the defendant contractor laid him off because it was not meeting its federally mandated minority-hiring goals. Prior to his … Continue Reading

Proposed EEO-1 Revisions Requiring Production Of Pay Data Published In Federal Register

On February 1, 2016, the U.S. Equal Employment Opportunity Commission’s (“EEOC’s”) proposed revisions to the Employer Information Report (“EEO-1”) were published in the Federal Register.  Our original post on the anticipated release of this publication can be found here.  With the publication, the EEOC also released a proposed revised version of the EEO-1 report, which … Continue Reading

President Obama Expected To Announce New EEO-1 Pay Equity Reporting Requirements

Today, President Obama is expected to announce new pay equity reporting requirements that would require employers to disclose information concerning compensation and hours worked with their annual EEO-1 reports. According to an EEOC publication in the Federal Register, starting in 2017, employers with more than 100 employees will be required to report “W-2 earnings and … Continue Reading

New Pay Transparency Rules Go Into Effect January 11, 2016 – OFCCP Offers Webinar To Explain New Obligations

On January 11, 2016, the final rule implementing Executive Order 13665 (the “Order”) goes into effect. The Order prohibits federal contractors from firing or otherwise disciplining employees or job applicants for discussing their pay or the pay of their co-workers.  Our previous blog post outlining the final rule’s requirements can be found here. Today (January … Continue Reading

DOL Settles Systemic Hiring and Pay Discrimination Claim With Government Contractor For Close to $2 Million

On November 19, 2015, the U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) announced that it reached a settlement with nine locations of a government contractor “to remedy systemic hiring and pay discrimination violations.”  The contractor in question provides uniform and facility services products to private businesses and the federal government. The … Continue Reading

OFCCP Submits Final Sex Discrimination Regulations to OMB for Review and Approval

Earlier this year, we reported that the Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule to revise and replace the sex discrimination guidance it issued in 1970 and clarify federal contractors’ obligations with respect to sex discrimination. In the proposed rule, OFCCP addressed potential barriers to equal opportunity and fair pay for … Continue Reading
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