Government Contractor Compliance & Regulatory Update

Category Archives: EEOC

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

By Guy Brenner and Olympia Karageorgiou on Posted in EEOC, Federal Contractors, OFCCP
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

By Guy Brenner and Olympia Karageorgiou on Posted in EEOC, Federal Contractors, OFCCP
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

By Guy Brenner and Olympia Karageorgiou on Posted in EEOC, Federal Contractors, OFCCP
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

By Guy Brenner and Olympia Karageorgiou on Posted in EEOC, Federal Contractors, OFCCP
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 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

2017 EEO-1 Reports Now Available For Submission

By Alex Weinstein, Connie Bertram and Guy Brenner on Posted in EEOC, Federal Contractors
Yesterday, the 2017 EEO-1 Survey became available.  Government contractors or subcontractors with 50 or more employees and a contract/subcontract of $50,000 or more must file EEO-1 reports by March 31, 2018.  Please read our post on Law and the Workplace for more details on this year’s reporting requirements.… Continue Reading

Trump Administration Signals Delay in Merger of EEOC and OFCCP

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in EEOC, OFCCP
As we previously reported, President Trump, as part of his Fiscal Year 2018 Budget request, proposed a merger of the Office of Federal Contractor Compliance Programs (“OFCCP”) and the Equal Employment Opportunity Commission (“EEOC”) to “promote greater efficiency and effectiveness.”  In an August 24, 2017 letter, Acting Director of the OFCCP, Thomas Dowd, signaled a … Continue Reading

BREAKING NEWS: New EEO-1 Form Put On Hold; Employers Have Until March 31, 2018 To Submit Prior Version Of EEO-1 Form

By Connie Bertram and Guy Brenner on Posted in EEOC
The Office of Management and Budget (“OMB”) has stayed the implementation of the new EEO-1 Form, which added compensation and hours worked components to the annual EEO-1 submission. The OMB’s decision was based in part on concerns about burdens the new form would place on employers and the questionable utility of the new information requirements. … 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

EEOC Announces New EEO-1 Rule

By Emilie Adams and Guy Brenner on Posted in EEOC
Last week, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it had finalized its rule for new EEO-1 pay equity reporting requirements.  The final rule has not yet been published in the Federal Register.… Continue Reading

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

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

By Connie Bertram, Daniel Davis, Guy Brenner and Alex Weinstein on Posted in Discrimination, EEOC, OFCCP
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

OFCCP Issues Proposed Rule Requiring Annual Compensation Disclosures

By Andrew Aitchison, Connie Bertram and Daniel Davis on Posted in EEOC, OFCCP
The Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule today that would require federal contractors and subcontractors to provide summary information on total W-2 compensation paid to employees by sex, race, ethnicity, and specified job categories, as well as other relevant data points such as hours worked, and the number of employees.  … Continue Reading

Joining Other States and Localities, Indianapolis “Bans the Box” for City Vendors and Further Restricts Criminal Background Inquiries

By Daniel Davis, Daniel Saperstein and Michael J. Graham on Posted in EEOC, Employment Law
Mayor Gregory A. Ballard recently signed an ordinance that generally prohibits the Consolidated City of Indianapolis and Marion County (hereinafter, “City”) and its vendors from inquiring into an applicant’s criminal history until after the applicant’s first interview.  In addition to “banning the box,” the Ordinance further restricts the types of arrest and conviction records the … Continue Reading

Proskauer Presents Webinar On Recent Compensation Developments

By Daniel Davis on Posted in Compensation, EEOC, OFCCP
Today, Proskauer partners Larry Lorber, Connie Bertram and Leslie Silverman presented a webinar entitled “The OFCCP’s New Compensation Standards:  What Does It Mean For Federal Contractors And For Pay Equity Claims Before The EEOC And Federal Courts?”  The webinar reviewed the OFCCP’s recent Directive 307 adopting new standards for compensation reviews.  It also analyzed both … Continue Reading

OFCCP Directive Adopts EEOC Guidance and Outlines New Procedures and Existing Legal Obligations Regarding Criminal Background Checks

By Lawrence Lorber on Posted in Discrimination, EEOC, OFCCP
On January 29, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) adopted the Equal Employment Opportunity Commission’s (“EEOC”) April 25, 2012 Guidance regarding the use of criminal records in employment decisions for covered federal contractors and subcontractors (“contractors”). The OFCCP also detailed new criminal background check procedures affecting contractors required to utilize the federally-assisted workforce system … Continue Reading
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