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
OFCCP Proposes Rules Codifying Procedures for Resolving Alleged Violations and Setting Thresholds For Discrimination Findings
By Caroline Guensberg & Guy Brenner on
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 Issues Directive 310: Guidance on Back Pay Calculations
By Daniel Davis on
The Office of Federal Contract Compliance Programs (“OFCCP”) released Directive 310 on July 17, 2013. The Directive provides guidance concerning the calculation of back pay awards by OFCCP in investigations and proceedings involving individual and class allegations of discrimination. This is the first time OFCCP has addressed the computation of back pay award since the Federal Contractor Compliance Manual (“FCCM”), a field guide for compliance officers. Although the new Directive essentially tracks the guidance in the FCCM, it changes OFCCP’s focus in computing back pay from individual relief to class-wide relief.