On April 29, 2024, the Department of Labor published extensive guidance on the use of artificial intelligence in hiring and employment. While the guidance is addressed to federal contractors, all private-sector employers...more
5/6/2024
/ Artificial Intelligence ,
Bias ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Federal Contractors ,
Hiring & Firing ,
New Guidance ,
OFCCP ,
Risk Management ,
Wage and Hour
The Acting Director of OFCCP and the Solicitor of Labor indicated that they are moving full speed ahead on developing guidance regarding employers’ use of artificial intelligence, and that the Department of Labor is working...more
3/27/2024
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
NLRB ,
OFCCP ,
Risk Management ,
Wage and Hour
Seyfarth Synopsis: Twenty-four hours after the White House marked the 15th Anniversary of the Lilly Ledbetter Fair Pay Act, by announcing a set of actions designed to support equal pay principles for workers of federal...more
2/2/2024
/ Compensation ,
Disclosure Requirements ,
Employment Contract ,
Equal Pay ,
Fair Pay Act ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Lilly Ledbetter ,
OFCCP ,
Proposed Rules ,
Subcontractors ,
Wage and Hour
Seyfarth Synopsis: Many federal contractors and subcontractors treat their EEO-1 reports as confidential because they contain detailed demographic data and workforce information. A lawsuit brought by the Center for...more
Seyfarth Synopsis: The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) recently revised its Voluntary Self-Identification of Disability Form CC-305 (“Form CC-305”). Federal contractors and...more
Seyfarth Synopsis: Companies have been following with interest the Harvard and UNC cases that address affirmative action in the context of higher education. Both cases were argued before the Supreme Court on October 31, 2022...more
6/5/2023
/ Civil Rights Act ,
College Admissions ,
Corporate Counsel ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Protection ,
Harvard University ,
Hiring & Firing ,
OFCCP ,
Oral Argument ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
On April 17, 2023, the Office of Federal Contract Compliance Programs (“OFCCP”) released the EEO-1 data of 19,277 federal contractors to a reporter named Will Evans with the Center for Investigative Reporting (“CIR”). The...more
Seyfarth Synopsis: The Office of Federal Contract Compliance Programs (“OFCCP”) issued its FY 2023 Corporate Scheduling Announcement List (“CSAL”) today. This list provides advance notice of 500 compliance reviews, which...more
Seyfarth Synopsis. Continuing a multi-year battle over the release of employers’ EEO-1 Reports, the Center for Investigative Reporting (“CIR”) and reporter, Will Evans, have filed a complaint in the Northern District of...more
Seyfarth Synopsis. On Thursday, August 18, the Office of Federal Contract Compliance Programs (“OFCCP”) replaced its Directive 2022-01, entitled “Pay Equity Audits” (effective March 15, 2022, the “March Directive”), with a...more
Seyfarth Synopsis: This week, President Trump issued an Executive Order on "Combating Race and Sex Stereotyping.” The Executive Order will impact federal contractors, federal agencies and federal grant recipients in certain...more
9/24/2020
/ Bias ,
Civil Rights Act ,
Deregulation ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Relations ,
Regulatory Reform ,
Sexual Stereotyping ,
Title VII ,
Trump Administration
Seyfarth Synopsis: This alert provides an update on the impact of COVID-19 on OFCCP audits and jurisdiction, EEO-1 and VETS-4212 filing deadlines. The OFCCP has granted a limited national interest exemption for new COVID-19...more
Seyfarth Synopsis: On January 22, 2019, the Office of Federal Contract Compliance Programs (“OFCCP” or “the Agency”) filed a motion for leave to file a new amended complaint in connection with its 2017 Compliance Evaluation...more
Seyfarth Synopsis: After closing FY2018 by issuing a string of directives which changed various aspects of its compliance enforcement process, the Office of Federal Contract Compliance Programs (“OFCCP”) issued three new...more
Seyfarth Synopsis: On the heels of its recent slate of directives, the Office of Federal Contract Compliance Programs (“OFCCP”) has issued a new group of directives which continue to signal changes for the contractor...more
Seyfarth Synopsis: The Office of Federal Contract Compliance Programs (“OFCCP”) is closing the summer by issuing two new enforcement directives....more
8/16/2018
/ Affirmative Action ,
Employer Liability Issues ,
Executive Orders ,
Federal Contractors ,
First Amendment ,
Free Exercise Clause ,
Non-Discrimination Rules ,
OFCCP ,
Regulatory Requirements ,
Rehabilitation Act ,
Religious Discrimination ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
Seyfarth Synopsis: Last Friday, an administrative law judge limited the amount of information that the OFCCP may seek from Google in its on-going compliance audit because the agency failed demonstrate relevance or justify the...more
7/24/2017
/ Administrative Law Judge (ALJ) ,
Affirmative Action ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
Google ,
OFCCP ,
Pay Gap ,
Popular ,
Request For Information ,
Salary/Wage History ,
Wage and Hour
Seyfarth Synopsis: On May 23, 2017, the White House released its proposed budget for the 2018 Fiscal Year. Included in the proposal, which would impose deep cuts to many programs administered by the Department of Labor, was...more
Seyfarth Synopsis: Federal Contractors should immediately update the Disability Self-ID Form to include the new expiration date. The OFCCP is allowing a 10-day grace period, until February 10th to update the form.
Last...more
Seyfarth Synopsis: On January 31, 2017, the Office of Management and Budget (“OMB”) renewed the disability self-ID form. The form was set to expire at the end of business, however, OMB’s action extends the self-ID form’s...more
Seyfarth Synopsis: On September 29, 2016, the OMB approved the EEOC’s revisions to the EEO-1 report. Beginning in 2018, employers with 100+ employees will be required to annually report pay and hours data to the EEOC for its...more
9/30/2016
/ Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
OFCCP ,
OMB ,
Pay Discrimination ,
Payroll Records ,
Reporting Requirements ,
W-2 ,
Wage and Hour
Seyfarth Synopsis: Today the OFCCP issued final sex discrimination regulations, which were updated for the first time since the 1970s. While the Final Rule seeks to align requirements in accordance with “current law,” many of...more
6/15/2016
/ Employee Restrooms ,
Federal Contractors ,
Final Rules ,
Gender-Based Pay Discrimination ,
Medical Leave ,
New Guidance ,
OFCCP ,
Paid Family Leave Law ,
Pregnancy ,
Sex Discrimination ,
Transgender
Seyfarth Synopsis in a Second: Seyfarth Shaw submitted comments on behalf of the U.S. Chamber of Commerce and standalone comments on behalf of the Firm and its clients responding to the EEOC’s proposal to mandate that...more
Today, the Office of Federal Contract and Compliance Programs (OFCCP), launched its “Class Member Locator,” a website designed to help the agency “identify protected class members” that may have been affected by illegal...more
Today the Department of Labor announced its Final Rule implementing Executive Order 13665, which promotes pay transparency and openness by allowing employees and applicants to share information about their pay and...more
9/11/2015
/ Department of Labor (DOL) ,
Employment Discrimination ,
Equal Opportunities ,
Executive Orders ,
Federal Contractors ,
Federal Register ,
Hiring & Firing ,
OFCCP ,
Pay Secrecy ,
Transparency Directive ,
Wage and Hour