Government Contractor Compliance & Regulatory Update

Category Archives: OFCCP

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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

Not Even COVID-19 Will Stop OFCCP

On March 20, 2020, OFCCP made clear in an announcement to the contractor community that it will continue operations during the COVID-19 pandemic “while making adjustments to ensure all of its activities are consistent with current public health guidelines.” Dispelling any thought that audit activities might cease during the pandemic and the turmoil it has … Continue Reading

OFCCP Launches Online Contractor Compliance Institute

On February 21, 2020, OFCCP launched an online training platform called the Contractor Compliance Institute (“CCI”). In announcing the release of CCI, the agency stated it “created the CCI curriculum specifically for federal contractors, furthering [OFCCP’s] commitment to provide meaningful compliance assistance.” Contractors can create a CCI account and register for free, on-demand courses. Currently, … Continue Reading

Director Leen Reveals New Directives Are In The Works At OFCCP-NILG Compensation Roundtable

On February 18, 2020, Proskauer attended a Compensation Roundtable held at the Department of Labor put on by the National Industry Liaison Group (NILG) in collaboration with OFCCP. Director Leen spoke at the event, taking the opportunity to address his recent nomination to serve as the Inspector General of the Office of Personnel Management. He … Continue Reading

OFCCP Director Leen Nominated to Serve as OPM Inspector General

On February 3, 2020, the President Trump announced his intent to nominate Craig Edward Leen, the current OFCCP Director, to serve as the Inspector General at the Office of Personnel Management. The Office of the Inspector General has been without a permanent head since Patrick McFarland retired in February 2016. Nominees for Inspector General of … Continue Reading

Proskauer Delivers Comprehensive Webinar on OFCCP Developments

On January 15, 2020, Proskauer partner Guy Brenner and Resolution Economics Partner Rick Holt delivered a webinar entitled: OFCCP – The Year That Was and the Year Ahead. The jam-packed presentation provided legal, practical, and econometric insights into the numerous actions taken by the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) in 2019, … Continue Reading

OFCCP Updates The Federal Contract Compliance Manual

On December 30, 2019, OFCCP updated its Federal Contract Compliance Manual (FCCM) for the first time since 2014.  The FCCM “provides guidance for OFCCP’s compliance officers . . . in conducting compliance evaluations, complaint investigations and providing federal contractors with compliance assistance.” In a press release, OFCCP explained that the updates “reflect revisions to OFCCP’s … Continue Reading

Join Our Webinar: OFCCP – The Year That Was and the Year Ahead

Join us for a webinar on Wednesday, January 15, 2020, to review the significant changes and initiatives implemented by the Office of Federal Contract Compliance Programs in 2019, what they mean for federal contractors and what federal contractors can expect in 2020. Partner Guy Brenner and labor economist Dr. Rick Holt, a Director at Resolution … Continue Reading

OFCCP Proposes Rules Codifying Procedures for Resolving Alleged Violations and Setting Thresholds For Discrimination Findings

Quick Hit: OFCCP has published a Notice of Proposed Rulemaking (NPRM) it states would “codify the procedures that the agency currently uses to resolve potential discrimination and other material violations” and “clarify definitions to specify the types of evidence OFCCP will use to support its discrimination findings.”  The procedures dictate OFCCP’s use of Predetermination Notices … 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 Directive: Audits Will Investigate Discrimination Against Spouses Of Protected Veterans

On November 8, 2019, just before Veterans Day, OFCCP issued Directive (2020-01) (the “Directive”), which addresses “Spouses of Protected Veterans.”  Its latest directive is the first of FY2020 and follows up on the agency’s supplemental CSAL identifying contractors selected for VEVRAA Focused Reviews. The Directive observes that spouses of protected veterans are protected by OFCCP … Continue Reading

OFCCP Issues Supplemental CSAL – Were You Selected For A New VEVRAA Focused Review?

On November 8, 2019, OFCCP released its Corporate Scheduling Announcement List (“CSAL”) Supplement.  The list identifies 500 establishments selected for the new VEVRAA focused review compliance evaluation.  In 2018, OFCCP announced that it would be conducting focused reviews during which it would target its analysis on contractors’ compliance with  Executive Order 11246 (the “EO”) (equal … Continue Reading

OFCCP Sets New Record For Bias Settlements In FY19

Any illusions that OFCCP would disappear during the Trump Administration should have already been put to rest with the nearly non-stop activity of the agency since 2017.  But to the extent there was any remaining doubt, a recent report about the monetary recoveries secured by the agency should put that to rest. As OFCCP announced, … Continue Reading

OFCCP Proposes Changes to the Self-Identification of Disability Form

On October 3, 2019 OFCCP submitted a request to the Office of Management and Budget for approval of proposed changes to its Voluntary Self-Identification of Disability Form.  OFCCP explained that it had proposed the changes “in an effort to increase the response rate on the form.” The proposed changes include: Removing the reasonable accommodation notice; … Continue Reading

GAO Report Assesses OFCCP Progress and Indicates Annual AAP Collection Not Far Off

The Government Accountability Office (GAO) recently released a report (the “2019 Report”) evaluating the Office of Federal Contract Compliance Program’s (OFCCP) implementation of the GAO’s 2016 and 2017 recommendations for improving oversight of contractor compliance. The 2019 Report concludes that OFCCP has implemented only 4 of the GAO’s 11 recommended changes. The key findings and … Continue Reading

OFCCP Publishes New Compliance Assistance Guides

When OFCCP issued its “Town Hall Action Plan ” in May 2018, it stated its commitment to “review and enhance contractor compliance assistance materials.” In furtherance of this commitment, on August 2, 2019, OFCCP announced the publication of a number of new compliance assistance guides for contractors. These new resources are: Posting and Notices Requirements Guide … Continue Reading
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