On August 4, 2023, OFCCP published its final rule, “Pre-Enforcement Notice and Conciliation Procedures” (the “New Rule”) which “modif[ies] procedures and standards [OFCCP] uses when issuing pre-enforcement notices and securing compliance through conciliation.” In a blog post, OFCCP Acting Director Michele Hodge touts the final rule as one that
OFCCP Acting Director Addresses OFCCP Priorities and Initiatives
Speaking at the annual NILG conference, on August 2, 2023, OFCCP Acting Director Michele Hodge addressed hundreds of attendees in a wide ranging speech, discussing the agency’s priorities and initiatives. Among other highlights of her address:
- Acting Director Hodge made clear that OFCCP does not view the recent Supreme
Reminder: Contractors Must Begin Using Updated Voluntary Self-ID Form by July 25
As we previously reported, OFCCP’s updated Voluntary Self-Identification of Disability Form (CC-305) was approved by the Office of Management and Budget (OMB) in April 2023. Form CC-305 was updated to include “the preferred language for disabilities and… additional examples of disabilities.” Federal contractors and subcontractors (“Contractors”) must begin using…
Reminder: Deadline for Contractors To Certify AAP Compliance is June 29, 2023
As we previously reported, federal contractors and subcontractors (“Contractors”) have until June 29, 2023 to certify the status of their Affirmative Action Programs (“AAPs”) with the OFCCP Contractor Portal. Specifically, covered Contractors are asked to certify, on an annual basis, whether they have met their obligation “to develop…
OFCCP Announces Audits for Construction Contractors
On June 5, 2023, OFCCP released its Corporate Scheduling Announcement List (CSAL) for construction contractors. The list identifies 250 construction contractors selected for compliance evaluation. As OFCCP states in its announcement regarding the new CSAL, the list is a “courtesy notification” to contractors selected for evaluation, and the review will…
Federal Contractor Vaccine Mandate Will End on May 12
On May 1, the Biden Administration announced that the federal contractor and subcontractor (“Contractor”) vaccine mandate (the “Contractor Vaccine Requirement”) issued by the Safer Federal Workforce Task Force (the “Task Force”) in response to President Biden’s Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors will officially end…
OFCCP Revised Voluntary Self-Identification of Disability Form Approved
On April 25, 2023, the Office of Management and Budget (OMB) approved OFCCP’s revised Voluntary Self-Identification of Disability Form (CC-305). OFCCP states the form was revised in order to “update the preferred language for disabilities and to include additional examples of disabilities.”
For example, the prior version of the form…
OFCCP Publishes Non-Objecting Contractors’ EEO-1 Data And Provides Details Of Its Review Of Pending Objections
On April 17, 2023, after giving federal contractors and subcontractors (“Contractors”) several opportunities to submit objections, OFCCP published EEO-1 data for Contractors that “either affirmatively agreed to, or did not object to, the release of their EEO-1 data.” As we previously reported, OFCCP had received a Freedom of Information…
OFCCP Proposes Revised Scheduling Letter and Itemized Listing
As we previously reported, OFCCP is seeking reauthorization of a revised Compliance Review Scheduling Letter (“Scheduling Letter”) and Itemized Listing. The Scheduling Letter and Itemized are issued by OFCCP at the outset of an audit and request multiple categories of documents from federal contractors selected for audit. A detailed…
OFCCP Releases 2023 VEVRAA Hiring Benchmark
The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2023 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) benchmark. Effective March 31, 2023, the new benchmark is 5.4%, a slight decrease from 2022’s 5.5% benchmark. This is OFCCP’s eighth reduction of the benchmark, which has steadily declined since its…