Government Contractor Compliance & Regulatory Update

Category Archives: OFCCP

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OFCCP Releases 2021 VEVRAA Hiring Benchmark

The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2021 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) benchmark.  Effective March 31, 2021, the new benchmark is 5.6%, a slight decrease from 2020’s 5.7% benchmark.  This is OFCCP’s sixth reduction of the benchmark, which has steadily declined since its inception in 2014. The VEVRAA … Continue Reading

OFCCP Effectively Ends Focused Reviews, Cancelling Those on FY2020 CSAL

On March 2, 2021, OFCCP announced it had amended the FY2020 Supply and Service Corporate Scheduling Announcement List (“CSAL”) issued on September 11, 2020. The amendments removed all establishments selected to receive focused reviews and compliance checks. In so doing, OFCCP removed over half of the 2,500 compliance evaluations included on the list. The amended … Continue Reading

OFCCP Announces Response to Revocation of Executive Order Limiting Diversity Trainings

As we previously reported, shortly after taking office, President Biden revoked the controversial Combatting Race and Sex Stereotyping Executive Order (the “Order”) as part of a new Executive Order focusing on “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.”  The new Order notes that “[i]t is . . . the policy … Continue Reading

Jenny Yang Will Be The Next OFCCP Director

As previously reported, the new Biden Administration is wasting no time in making changes impacting the government contractor community.  This now includes changing leadership at the OFCCP.  As was anticipated, and is now reflected on the agency’s website, Jenny Yang, who served as EEOC Chair during the Obama Administration, has been selected for the OFCCP … Continue Reading

OFCCP Publishes Opinion Letter on Protections for Religious Liberty in (and out of) the Workplace

On January 8, 2020, the Office of Federal Contract Compliance Programs (“OFCCP”) published an opinion letter responding to an unidentified religious organization’s request for clarification on the “scope of the legal protections for religious liberty in the workplace.” The organization’s request stemmed from its concern that “employees in the technology, education, public, and other sectors … Continue Reading

OFCCP Proposes Accommodations and Promotions Focused Review Scheduling Letters

As we previously reported, when OFCCP released its latest Corporate Scheduling Announcement List (“CSAL”) in September 2020, it identified contractors selected for the agency’s new reviews focused on promotions and accommodations.  Little was known about the reviews, although the agency provided some additional detail later that month when it launched two websites devoted to the … Continue Reading

Join Our Annual OFCCP Year-in-Review Webinar

On Thursday, January 7, 2021, we will host our annual webinar, reviewing the significant Office of Federal Contract Compliance Programs (OFCCP) developments from last year and looking forward to what federal contractors can expect from the OFCCP in 2021. Partner Guy Brenner and labor economist Dr. Rick Holt, a Partner at Resolution Economics, will address … Continue Reading

OFCCP Issues Certainty Directive

Quick Hit:  On December 15, 2020, OFCCP announced the release of Directive 2021-02, Certainty in OFCCP Policies and Practices (the “Directive”).  The Directive generally “reaffirms” a number of certainty initiatives previously announced in agency publications, such as timely and efficient progress of compliance evaluations, professional conduct by OFCCP staff, and neutral scheduling of compliance evaluations.  … Continue Reading

OFCCP New Rule On Procedures for Resolving Alleged Findings of Discrimination Goes Into Effect December 10, 2020

Quick Hit:  OFCCP has published its final rule codifying the process by which it determines and notifies contractors of findings of discrimination.  The rule, which goes into effect on December 10, 2020, adds significant detail regarding the evidence on which OFCCP must base such findings and what must be communicated to contractors when OFCCP seeks … Continue Reading

OFCCP Obtained $35.6 Million From Contractors in FY2020

During an October 21, 2020 “stakeholder” call, Director Leen took the opportunity to laud the agency’s accomplishments over the past four years, including record financial recoveries.  Director Leen noted that the agency’s total recoveries over the past four years exceeded the prior nine years combined. As we previously reported, in FY2019, OFCCP set a new … Continue Reading

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 anti-discrimination and diversity trainings provided to … 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

OFCCP Provides Guidance On New Promotions and Accommodations Focused Reviews

As we recently reported, OFCCP has issued its 2020 Corporate Scheduling Announcement List.  That list included contractors selected for two new types of reviews focused on promotions and accommodations.  Other than some comments made by Director Leen in speeches, contractors had little information concerning the new types of reviews and what they entailed. That is, … Continue Reading

OFCCP Updates September 2020 CSAL

As we previously reported, OFCCP released its latest Corporate Scheduling Announcement List (CSAL) on September 11, 2020, in which it identified 2,250 supply and service contractor establishments and 200 construction contractor establishments selected for various types of compliance evaluations. Earlier this week, OFCCP updated the list.  The new list is available here.  It appears the … Continue Reading

OFCCP Takes Next Step In Establishing An Annual AAP Certification Program

On September 14, 2020, the Federal Register published an information collection request (“ICR”) by the OFCCP in which the agency discloses that it “seeks authorization for an annual Affirmative Action Program online certification process for federal contractors and for a secure method for federal contractors to submit AAPs electronically to OFCCP when they are scheduled … Continue Reading

OFCCP Issues Its 2020 Audit List – Was Your Company On It?

On September 11, 2020, OFCCP released its Corporate Scheduling Announcement List (CSAL). The list identifies 2,250 supply and service contractor establishments and 200 construction contractor establishments selected for compliance evaluations. Note that the list merely notifies contractors that they will be audited in the future, which gives them time to prepare.    Contractors are advised … Continue Reading

OFCCP FAQ Provides Guidance Regarding Non-Binary Employees and Applicants

The Office of Federal Contract Compliance Programs (“OFCCP”) recently released a FAQ addressing how contractors should “handle counting employees and/or applicants who identify as a gender other than male or female such as Gender X as recognized in California[.]” In response to this question, the FAQ provides “[i]f an employee or applicant chooses to self-identify … Continue Reading

Reminder: Contractors Must Implement New OFCCP Self-Identification Form by August 4, 2020

As we previously reported, on May 8, 2020 the OFCCP announced that the Office of Management and Budget approved its updated Disability Self-Identification Form (the “Form”).  The Form is available in multiple languages here.  OFCCP has also issued FAQs regarding the implementation of the Form. The deadline for contractors to implement the Form into their … Continue Reading

OFCCP’s Ombuds Service Now Open For Business

On May 6, 2020, OFCCP announced that its Ombuds Service is now available to the contractor community.  The agency initially announced its plan to create an Ombuds Service in the fall of 2018 as part of its overall initiative to increase efficiency and transparency.  In announcing the official launch, OFCCP stated the service “delivers an … Continue Reading

OFCCP Lowers Veteran Hiring Benchmark Again

The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2020 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) benchmark.  Effective March 31, 2020, the new benchmark is 5.7%, a slight decrease from 2019’s 5.9% benchmark.  This is OFCCP’s sixth reduction of the benchmark, which has steadily declined since its inception in 2014. The VEVRAA Benchmark is … Continue Reading

Meet OFCCP’s New Scheduling Letters, Same As The Old Scheduling Letters?

As faithful readers of this blog know, OFCCP proposed significant changes to its audit scheduling letters in April 2019, and then scaled back those changes in June 2019 revisions.  Now, close to a year after OFCCP commenced the process, the Office of Management and Budget (“OMB”) has approved revised scheduling letters – specifically, scheduling letters … Continue Reading

OFCCP Addresses Data Security and FAAP Approvals In Light of the COVID-19 Pandemic

As we previously reported, OFCCP has already informed contractors that it “remains fully operational during the COVID-19 pandemic” and provided the contractor community with information regarding modifications to its operations consistent with current public health guidelines.  The agency also stated that it will coordinate with contractors who are experiencing challenges related to COVID-19 and provide … Continue Reading
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