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
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
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
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
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
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
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
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
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
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
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
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
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
As we previously reported, in October 2019 OFCCP announced that it had submitted a request to the Office of Management and Budget (“OMB”) for approval of proposed changes to its Voluntary Self-Identification of Disability Form. On May 8, 2020 the agency announced that OMB approved its proposed changes to the form. The updated form is … Continue Reading
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
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
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
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
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
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
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
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
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
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
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