As we previously reported, OFCCP plans to release EEO-1 data for non-objecting contractors in response to a Freedom of Information Act (“FOIA”) request seeking contractors’ and subcontractors’ EEO-1 reports from 2016-2020. On February 2, 2023, OFCCP published a list of contractors whose data was scheduled to be released on
OFCCP Identifies Contractors Whose EEO-1 Data Will Be Released on February 8, 2023
As we previously reported, OFCCP has received a Freedom of Information Act (“FOIA”) request seeking federal contractors’ and subcontractors’ EEO-1 reports from 2016-2020. The agency previously instructed contractors who objected to the release of their EEO-1 reports to submit their objections by October 19, 2022. OFCCP has now…
OFCCP Announces New Round of Contractors Selected for Audit — Was Your Company Selected?
On January 20, 2023, OFCCP announced the release of the first Corporate Scheduling Announcement List (CSAL) of FY23. The list consists of 500 locations selected for a Compliance Review (Establishment Review), Corporate Management Compliance Evaluation, or Functional Affirmative Action Program Review.
Note that the list merely notifies these contractors that…
Fifth Circuit Affirms Injunction Preventing Enforcement of Contractor Vaccine Mandate Against Louisiana, Indiana, and Mississippi
On December 19, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed a preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued in response to Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (the “federal contractor mandate”).
Louisiana, Indiana, Mississippi…
OFCCP Proposes Changes To Scheduling Letter and Itemized Listing
On November 21, 2022, OFCCP published notice in the Federal Register that it is seeking reauthorization of a revised Compliance Review Scheduling Letter (“Scheduling Letter”) and Itemized Listing. These documents are issued at the outset of an OFCCP audit, requesting multiple categories of documents from the contractor selected for audit.…
OFCCP Hosts Webinar Discussing Changes to FAAP Directive
On November 17, 2022, OFCCP hosted a webinar discussing the changes it made to Directive 2013-01 earlier this year through Revision 3 (the “Directive”). The Directive sets forth the agency’s policies and procedures for federal contractors implementing and maintaining FAAPs.
As many contractors know, FAAPs provide an alternative for federal…
OFCCP Adopts Updated “Know Your Rights” Poster for Contractors
As our colleagues previously reported, on October 19, 2022, the EEOC updated its “Know Your Rights” poster for employers. On October 28, 2022, the Office of Federal Contractor Compliance Programs (“OFCCP”) notified contractors that they must post the new EEOC poster, replacing the 2009 “EEO is the Law” poster…
OFCCP Extends Deadline For Contractors To Object To Release of EEO-1s
As previously reported, OFCCP has received a FOIA request seeking federal contractors’ and subcontractors’ EEO-1 reports from 2016-2020. On August 19, 2022, OFCCP published a notice informing contractors and subcontractors of that fact and giving them until September 19, 2022 to submit any written objections to releasing their reports.…
OFCCP Warns Contractors That Have Not Certified AAP Compliance To Do So By September 1, 2022
Earlier this year, OFCCP launched its “Contractor Portal,” which “[c]overed federal contractors and subcontractors (“contractors”) must use … to certify, on an annual basis, whether they have developed and maintained an affirmative action program for each establishment and/or functional unit, as applicable.” Contractors were required to certify whether they…
OFCCP Launches Construction Contract Award Portal
OFCCP has launched its new online portal: the Notification of Construction Contract Award Portal (NCAP). NCAP is expected to modernize how OFCCP receives required notices about construction contract and subcontract awards by eliminating the need to submit contract award information by mail or email.