With President Trump’s second administration set to begin on January 20, 2025, federal contractors and subcontractors are anxiously awaiting what he might do with respect to the Office of Federal Contract Compliance Programs (“OFCCP”) and the employment obligations imposed on federal government contractors. While the Trump transition team has not
Employment Law
Texas District Court Issues Preliminary Injunction Halting OFCCP Administrative Proceeding
On October 30, 2024, the District Court for the Southern District of Texas preliminarily enjoined the Department of Labor (“DOL”), the Secretary of Labor, the Office of Federal Contract Compliance Programs (“OFCCP”), and the presiding Administrative Law Judge (“ALJ”) from proceeding with an administrative case against ABM Industry Groups, LLC. …
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…
[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…
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…
The Department Of Homeland Security Proposes New Rules Affecting Federal Government Contractors
This week, the Department of Homeland Security (“DHS”) issued three proposed rules expanding data security and privacy requirements for contractors and subcontractors. The proposed rules build upon other recent efforts by various federal agencies to strengthen safeguarding requirements for sensitive government information. Given the increasing emphasis on data security and privacy, contractors and subcontractors are well advised to familiarize themselves with these new requirements and undertake a careful review of their current data security and privacy procedures to ensure they comply.
Governor Cuomo Signs Executive Order Requiring State Contractors To Report Job Title And Pay Data
On January 9, 2017, New York Governor Andrew Cuomo signed an Executive Order that requires state contractors to disclose, in addition to data on gender, race, and ethnicity that is already required, job title and salary data for all of their employees working on state contracts (or their entire workforce if those working on state contracts cannot be identified). The Order, “Ensuring Pay Equity By State Contractors,” compels state contractors to disclose this data for all state contracts, agreements, and procurements issued and executed on or after June 1, 2017.

The New OFCCP Sexual Orientation And Gender Identity Protections Are Now In Effect
Yesterday, Executive Order (“EO”) 11246, as amended by EO 13762, officially went into effect, representing the first time in the federal sector that sexual orientation and gender identity have been expressly protected. On July 21, 2014, President Obama issued EO 13762, which amended EO 11246 to prohibit federal contractors from…
President Obama Urged to “Ban the Box” for Federal Contractors
In a letter this past week, nearly 200 interest groups urged President Obama to issue an executive order “banning the box” for federal contractors and to implement other “fair chance” hiring reforms protecting ex-offenders. “Ban the box” refers to a movement that has swept across state and local legislatures in…
Tampa Council Says No to “Ban the Box” Law for City Contractors, Seeks Alternative Legislation
Last Thursday, Tampa’s City Council declined to pass a law that would have “banned the box” for city contractors. “Ban the box” refers to a movement at the state and local levels of government to remove the check box from job applications that ask whether the candidate has a criminal…