Government Contractor Compliance & Regulatory Update

Category Archives: OFCCP

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OFCCP Announces 2018 Veteran Hiring Benchmark

By Connie Bertram, Guy Brenner and Emilie Adams on Posted in OFCCP, Veterans
On March 30, 2018, the Office of Federal Contract Compliance Programs (“OFCCP”) released its 2018 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) Benchmark. Effective March 31, 2018, the new benchmark is 6.4%, slightly lower than the previous year’s 6.7% benchmark. This is OFCCP’s fourth reduction of the benchmark, which has steadily declined since its inception in 2014. The … Continue Reading

OFCCP Announces New Compliance Evaluation Experience Survey

By Connie Bertram, Guy Brenner and Emilie Adams on Posted in OFCCP
This week, the Office of Federal Contract Compliance Programs (“OFCCP”) announced that it will be sending a survey to federal contractors in an effort to “continue improving communication, transparency, and timeliness during [its] compliance evaluations.” OFCCP’s survey appears to be the latest effort by the agency to establish a more cooperative relationship with the government … Continue Reading

Humana Settles Pay Bias Claims for $2.5 Million

By Connie Bertram, Guy Brenner and Emilie Adams on Posted in Compensation, OFCCP
Earlier this week, the Office of Federal Contract Compliance Programs (“OFCCP”) announced that it entered into a conciliation agreement with Humana Inc. (“Humana”) to resolve allegations that Humana paid hundreds of women at its Louisville, Kentucky headquarters less than their male coworkers. OFCCP asserts that in 2011 and 2012, Humana paid 753 women in consulting, … Continue Reading

OFCCP ISSUES FIRST DIRECTIVE UNDER TRUMP ADMINISTRATION

By Connie Bertram, Guy Brenner and Emilie Adams on Posted in Federal Contractors, OFCCP
Since the beginning of the Trump Administration, federal contractors have been waiting to see what changes the new administration would make to the Office of Federal Contract Compliance Programs (“OFCCP”). Thus far, the greatest change has been more style than substance, with OFCCP officials expressing a desire to have a better relationship with the government … Continue Reading

Proskauer Publishes Article on Federal Tax Bill’s #MeToo Provision

By Connie Bertram and Emilie Adams on Posted in OFCCP
Connie Bertram and Emilie Adams published an article in the February issue of OFCCP Digest titled “Federal Tax Bill Offers a Nod to the #MeToo Movement.”  The article focuses on a provision in the recently-passed Tax Cuts and Jobs Act that addresses corporate settlements involving claims of sexual harassment and abuse.  The provision prohibits companies … Continue Reading

Proskauer Publishes Article on State Salary History Bans

By Connie Bertram and Emilie Adams on Posted in OFCCP
Connie Bertram and Emilie Adams published an article in the November/December issue of OFCCP Digest titled “States and Localities Step into the Breach on Pay Equity: New and Proposed Prohibitions on the Disclosure of Salary History.” The article focuses on recent laws passed by states and localities prohibiting employers from asking job applicants about their … Continue Reading

OFCCP Settles Hiring Discrimination Case with LandCare USA, LLC

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Federal Contractors, OFCCP
The Austin, Texas location of LandCare USA, LLC (the “Company”), a company providing landscaping services, recently entered into a conciliation agreement with the Office of Federal Contractor Compliance Programs (“OFCCP”) to settle claims that the Company had discriminated in its hiring of females, and non-Hispanic applicants in its Laborer job group.  The Company has agreed … Continue Reading

OFCCP Appoints New Director (Not Craig Leen)

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Federal Contractors, OFCCP
Two weeks after reports emerged that a new director of the Office of Federal Contractor Compliance Programs (“OFCCP”) had been appointed, according to the OFCCP’s website, Ondray T. Harris has been appointed as the next director of the OFCCP.  The OFCCP’s website lists former Acting Director Thomas Dowd as the Deputy Director of the agency, … Continue Reading

Reports: Craig Leen’s Appointment As OFCCP Director Remains Uncertain

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Federal Contractors, OFCCP
As we previously reported, various media outlets reported earlier this month that Coral Gables City Attorney, Craig Leen, would be appointed Director of the Office of Federal Contractor Compliance Programs (“OFCCP”).  These reports came amid silence by the Trump administration as to the anticipated appointment. Since our last post, the confusion over Mr. Leen’s role … Continue Reading

Reports: New OFCCP Director Appointed

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, OFCCP
According to multiple sources, on November 13, 2017, Craig E. Leen, was appointed the new Director of the Office of Federal Contractor Compliance Programs (“OFCCP”).  Mr. Leen has been the City Attorney for Coral Gables, Florida since 2011.  He has also served as an adjunct professor of law for universities in Florida.  If the published … Continue Reading

OFCCP Files Its First Complaint Against A Federal Contractor During the Trump Administration

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in OFCCP
On October 10, 2017, the U.S. Office of Federal Contractor Compliance Programs (“OFCCP”) filed its first Complaint against a federal contractor since President Trump took office. The Complaint alleges that contractor Advance 2000 Inc. (the “Contractor”) violated a June 2015 conciliation agreement with OFCCP by failing to submit required progress reports and failing to respond to … Continue Reading

OFCCP Issues Compliance Relief to Federal Contractors in Wake of Devastating Hurricanes

By Connie Bertram and Alex Weinstein on Posted in Affirmative Action Plan (AAP), Federal Contractors, OFCCP
In the wake of the devastating series of hurricanes throughout the United States, the Office of Federal Contractor Compliance Programs (“OFCCP”) has provided compliance exemptions to federal contractors providing hurricane relief.  OFCCP has issued three National Interest Exemptions:  one for Hurricane Harvey; one for Hurricane Irma; and one for Hurricane Maria. The notices provide contractors … Continue Reading

OFCCP Holds First of Three Compliance Assistance Town Hall Meetings

By Guy Brenner on Posted in OFCCP
As we previously reported, the OFCCP announced in August that it would hold three “compliance assistance” town hall meetings. The first was held on September 19, 2017, at the Department of Labor’s Headquarters in Washington, D.C. Proskauer was at the meeting, which was attended by government contractor representatives from many different sectors of the economy, as … Continue Reading

Department Of Labor Challenges ALJ’s Decision On Google’s Obligation To Respond To OFCCP Data Requests

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

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

OFCCP Announces “Compliance Assistance” Town Hall Meetings

By Connie Bertram and Guy Brenner on Posted in Federal Contractors, OFCCP
On August 16, 2017, OFCCP announced that, as part of its efforts to provide compliance assistance to federal contractors, it will be holding three town hall meetings. The meetings will be open to the public and held in Washington D.C., San Francisco, CA, and Chicago, IL. OFCCP explains that during the meetings, it wants “to … Continue Reading

Google Prevails, In Part (And For Now), In Compensation Data Dispute With OFCCP

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

Labor Secretary Defends OFCCP-EEOC Merger

By Connie Bertram, Guy Brenner and Amy Blackwood on Posted in OFCCP
As previously reported, the Trump Administration’s proposed budget for fiscal year 2018 includes a plan to merge the Office of Federal Contract Compliance Programs (“OFCCP”) into the Equal Employment Opportunity Commission (“EEOC”). Pragmatically, this would add the OFCCP’s broad responsibilities to an already overburdened EEOC, without providing the EEOC any additional funding to accomplish its … Continue Reading

Trump Administration’s Budget Proposes Major Changes For OFCCP

By Connie Bertram, Guy Brenner and Ryan Hutzler on Posted in Department of Labor, OFCCP
On May 23, 2017, the Trump Administration released its proposed fiscal year 2018 budget. Not surprisingly, the budget proposes significant changes for the Office of Federal Contract Compliance Programs (“OFCCP”).  In the Department of Labor’s budget proposal, the Administration has laid the groundwork to merge the OFCCP into the Equal Employment Opportunity Commission (“EEOC”) by … Continue Reading

OFCCP Announces New Veteran Hiring Benchmark

By Guy Brenner and Connie Bertram on Posted in OFCCP
The OFCCP has announced its 2017 Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark. The new benchmark is 6.7%, slightly lower than the previous year’s 6.9% benchmark. The VEVRAA Benchmark is the figure which federal contractors must use to assess the effectiveness of their outreach programs for the hiring of veterans. Contractors may either use the OFCCP’s … Continue Reading

Renewed OFCCP Voluntary Self-Identification of Disability Form Now Available

By Connie Bertram, Guy Brenner and Ryan Hutzler on Posted in Federal Contractors, OFCCP
Earlier today, the Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget renewed the voluntary self-identification form for individuals with disabilities for an additional three years. This renewed Voluntary Self-Identification of Disability form is exactly the same as the prior form, except that it has a new expiration date … Continue Reading

Trump Administration Will Retain LGBT Protections for Government Contractor Employees

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

OFCCP Sues Google, Seeking Pay Data

By Connie Bertram and Amy Blackwood on Posted in OFCCP
On January 4, 2017, the Office of Federal Contractor Compliance Programs (OFCCP) sued Google, claiming that the tech giant is illegally withholding information about the compensation it provides its employees.  OFCCP seeks the information as part of an ongoing review of Google’s compliance with the various equal protection laws enforced by the OFCCP.… Continue Reading
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