Government Contractor Compliance & Regulatory Update

Tag Archives: OFCCP

For The Second Time, DOL And FAR Council Extend Notice and Comment Period For Guidance And Regulations Implementing The Fair Pay And Safe Workplaces Executive Order

Today (August 5, 2015), the U.S. Department of Labor (“DOL”) published an announcement in the Federal Register informing the public that both it and the FAR Council have extended the notice and comment period for the proposed guidance and regulations implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”). The public now has … Continue Reading

OFCCP Expands The Available Languages For Its Complaint Form

On August 3, 2015, the Office of Federal Contractor Compliance Programs (“OFCCP”) released its employment discrimination complaint form in five additional languages. The complaint form, which is available on OFCCP’s website, is now available in Spanish, Chinese, Korean, Vietnamese, and French. Previously, it had only been available in English. Employees of federal contractors may use … Continue Reading

Members of Congress Request Withdrawal Of Proposed Guidance And Regulations For Fair Pay And Safe Workplaces Executive Order

On July 15, 2015, eight members of Congress sent a letter to the U.S. Secretary of Labor and the Administrator for the Office of Federal Procurement Policy, requesting that the proposed guidance and regulations for the Fair Pay and Safe Workplaces Executive Order (the “Order”) be withdrawn. This letter comes just days after the Department … Continue Reading

OFCCP Seeks Final Approval Of Its Pay Transparency Regulations From OMB

OFCCP recently sent its proposed final regulations implementing Executive Order 13665 (the “Order”) to the Office of Management and Budget (“OMB”) for final approval. The Order, among other things, mandates that federal contractors disclose additional compensation information to employees and permit employees openly to discuss compensation without retribution. The Order directed the U.S. Department of … Continue Reading

DOL And FAR Council Extend Notice and Comment Period For Guidance And Regulations Implementing The Fair Pay And Safe Workplaces Executive Order

On July 14, 2015 the U.S. Department of Labor (“DOL”) announced that both it and the FAR Council have extended the notice and comment period for the proposed guidance and regulations implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”). The public now has through August 11, 2015 to comment on the proposed … Continue Reading

DOL Files Discrimination Suit Against Baltimore-Based Federal Contractor

The U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) has filed a lawsuit before the Office of Administrative Law Judges against WMS Solutions LLC (“WMS”) alleging violations of Executive Order 11246. Executive Order 11246 prohibits discrimination in employment by federal contractors on the basis of race, color, sex, religion, sexual orientation, … Continue Reading

The New OFCCP Sexual Orientation And Gender Identity Protections Are Now In Effect

Yesterday, Executive Order (“EO”) 11246, as amended by EO 13762, officially went into effect, representing the first time in the federal sector that sexual orientation and gender identity have been expressly protected. On July 21, 2014, President Obama issued EO 13762, which amended EO 11246 to prohibit federal contractors from discriminating against employees on the … Continue Reading

OFCCP Announces Proposed Rules to Modernize Sex Discrimination Regulations

On Tuesday, the Office of Federal Contract Compliance Programs (“OFCCP”) announced a proposed rule to revise and modernize a sex discrimination guidance it issued in 1970 and clarify federal contractors’ obligations with respect to sex discrimination.  As OFCCP explained, “[t]his update, the first in more than four decades, would reflect present-day workplace realities and align … Continue Reading

OFCCP Proposes Rule Regarding Pay Transparency for Federal Contractors

On Monday, the Department of Labor’s Office of Federal Contractor Compliance Programs (“OFCCP”) issued a proposed rule that would bar federal contractors from firing or otherwise retaliating against employees or applicants for discussing their pay or the pay of their co-workers.  The rule implements an executive order signed by President Obama in April, which instructed … Continue Reading

President Obama Amends Executive Order 11246 to Protect LGBT Workers of Government Contractors from Discrimination

As the White House announced last month, President Obama signed yesterday an Executive Order that bans workplace discrimination against lesbian, gay, bisexual, and transgender (“LGBT”) workers of federal contractors.  Executive Order 11246, issued by President Lyndon B. Johnson, prohibits federal contractors from discriminating “against any employee or applicant for employment because of race, color, religion, … Continue Reading

OFCCP Announces Settlement Regarding Hiring Discrimination

The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) recently announced that it reached a settlement with federal contractor Parson Brinckerhoff (“Parsons”) regarding claims of hiring discrimination based on race and ethnicity. During a scheduled compliance review, OFCCP determined that Parsons engaged in hiring discrimination between 2010 and 2012 that affected 247 Hispanic, … Continue Reading

OFCCP Hosts Executive Order 13665 and Presidential Memorandum “Listening Session”

On April 29th, 2014, the OFCCP hosted a “Listening Session” to solicit comments from the government contractor community regarding suggested implementing regulations for Executive Order 13665 (“EO 13665”) and a new Presidential Memorandum, which were signed by President Obama on April 8, 2014. EO 13665 prohibits discrimination and retaliation against employees who discuss their compensation … Continue Reading

DOL Announces Five-Year OFCCP Moratorium For TRICARE Providers

Secretary of Labor Thomas E. Perez announced last month that the Office of Federal Contract Compliance Programs (OFCCP) will issue a directive establishing a five-year moratorium on enforcement of affirmative action obligations for TRICARE providers.  In his March 11, 2014 letter to the leadership of the House Committee on Education and the Workforce, Secretary Perez … Continue Reading

OFCCP Withdraws Claim Regarding TRICARE Jurisdiction

Last week, the Office of Federal Contract Compliance Programs (OFCCP) dismissed OFCCP’s 2008 complaint against Florida Hospital of Orlando.  In its Order of Dismissal, the Administrative Law Judge (ALJ) reported that OFCCP notified its office on March 28, 2014 of its intent to withdraw the agency’s long-running enforcement proceeding against Florida Hospital.  The ALJ granted … Continue Reading

Obama Requests Increased OFCCP Funding in FY 2015 Budget

On March 4, 2014, Secretary of Labor Thomas Perez released OFCCP’s FY 2015 budget request, which includes a request for over $107 million in funding for OFCCP’s operations.  This amount represents a $3 million increase over 2014, including funding for an additional 10 full-time equivalent employees. Significant in the FY 2015 budget is a request … Continue Reading

White House Announces Additional Executive Orders For Federal Government Contractors

President Obama is expected to sign two executive orders that will impose additional compliance obligations on federal government contractors.  The first order will reportedly bar federal contractors from retaliating against employees for discussing pay issues with co-workers.  The President is also expected to sign a second executive order directing the Department of Labor to promulgate … Continue Reading

OFCCP Adds New Resources to Disability and Veterans Community Resources Directory

Last month, the Office of Federal Contract Compliance Programs (OFCCP) created the Disability and Veterans Community Resources Directory.  The goal of the Directory is to assist contractors in locating community and other resources for recruiting veterans and individuals with disabilities.  The Directory contains a non-exhaustive list of groups and organizations that are available to provide … Continue Reading

OFCCP Updates FAQs On Section 503 And Veterans’ Regulations

OFCCP recently updated its Frequently Asked Questions (“FAQs”) on the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act final rules.  The most recent FAQs address questions regarding the availability of the “EEO is the Law” poster, the ability to use human resource information systems as the … Continue Reading

District Court Rejects Challenge to Section 503 Final Rule

On Friday, March 21, 2014, Federal District Judge Emmet Sullivan ruled in favor of the Office of Federal Contractor Compliance Programs’ (“OFCCP”) recent rule implementing Section 503 of the Rehabilitation Act, denying a challenge by the Associated Builders and Contractors trade organization (“ABC”).  As a result, OFCCP’s Rule—“Affirmative Action and Nondiscrimination Obligations of Contractors and … Continue Reading

OFCCP Launches New Database to Help Contractors Identify Candidates with Disabilities and Protected Veterans and Facilitate Relationships with Organizations

On March 13, 2014, the Office of Federal Contract Compliance Programs (OFCCP) launched a new database (1) to help contractors find qualified workers with disabilities and veterans, and (2) to assist contractors in establishing relationships with national organizations and local community groups that have access to these workers. Contractors can visit OFCCP’s Disability and Veterans … Continue Reading

The New Veterans and Disability Regulations Go Into Effect on March 24: Are You Ready?

Many contractors have been preparing for the past several months for the first group of compliance obligations imposed by the Final Rules adopted by OFCCP in August 2013.  In five short days, the first set of obligations will become effective.  Is your organization ready to implement the first set of compliance obligations?  Does it have … Continue Reading

Congress To Hold Hearing On OFCCP Jurisdiction

On Thursday March 13, 2014 at 10:00 a.m., the Subcommittee on Workforce Protections will hold a hearing on the Protecting Health Care Providers from Increased Administrative Burdens Act (H.R. 3633).  H.R. 3633 is a response by the House of Representatives to recent efforts by the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) … Continue Reading

OFCCP Updates Website With Resources For Section 503 Compliance

OFCCP recently updated its website with additional information for contractors to assist with their compliance with the final rule issued under Section 503 of the Rehabilitation Act.  The information addresses recruiting individuals with disabilities, encouraging self-disclosure of disabilities, and information about assistive technology.  OFCCP also recently updated other parts of its website as discussed in … Continue Reading

OFCCP Updates FAQs On Section 503 And Veterans’ Regulations

OFCCP recently updated its Frequently Asked Questions (“FAQs”) on the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act final rules.  The FAQs address a range of questions that have arisen since the OFCCP first announced the final rules in August 2013.  Most of the new requirements … Continue Reading
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