News & Analysis as of

Affirmative Action

OFCCP Announces New Veteran Hiring Benchmark

The OFCCP has announced its 2017 Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark. The new benchmark is 6.7%, slightly lower than the previous year’s 6.9% benchmark...more

Hiring Benchmark For Protected Veterans Is Reduced Again

The Office of Federal Contract Compliance Programs announced that the annual hiring benchmark under the Vietnam Era Veterans’ Readjustment Assistance Act has been lowered from 6.9 percent to 6.7 percent. This percentage...more

ALJ Rules that OFCCP Exceeded its Authority in Demanding Certain Employee Compensation Data from Google

by FordHarrison on

In January, the OFCCP filed an administrative complaint against Google for denying access to records in violation of applicable federal affirmative action laws and implementing regulations. The Administrative Law Judge (ALJ)...more

It’s OFCCP Audit Time! Six Questions Contractors Should Ask Themselves

Starting February 17, the Office of Federal Contract Compliance Programs began mailing Corporate Scheduling Announcement Letters to approximately 800 contractor establishments. CSALs are notices sent to contractors advising...more

New OIG Exclusion Regulations About to Go into Effect

by McDermott Will & Emery on

The Office of Inspector General (OIG) recently published a final rule regarding its exclusion authorities. The final rule goes into effect March 21, 2017, and expands OIG’s authority to exclude certain individuals and...more

Federal Contractors Notified of Affirmative Action, EEO Compliance Reviews

by Ballard Spahr LLP on

The Office of Federal Contract Compliance (OFCCP)—the Department of Labor agency charged with enforcing affirmative action and equal employment opportunity requirements imposed on certain federal contractors and...more

Labor and Employment Regulations Potentially Affected by Trump Regulatory Freeze

by Ballard Spahr LLP on

The Trump administration's "Regulatory Freeze Pending Review" (Freeze Memo) instructs the heads of federal executive departments and agencies to send no regulation to the Office of Federal Register (OFR) until a presidential...more

Incoming! Incoming! OFCCP Issues Corporate Scheduling Announcement Letters

On February 17, 2017, the Office of Federal Contract Compliance Programs (OFCCP) mailed Corporate Scheduling Announcement Letters (CSAL) to federal contractors and subcontractors. The purpose of these letters is to give...more

"Trump Expected to Alter Labor Laws, Policies"

Editor’s note: This article was updated on February 1, 2017, to reflect new developments. While President Donald Trump has not discussed in detail how he plans to address labor and employment issues, he likely will...more

Affirmative Action Update: Disability Self-Identification Form

by Wiggin and Dana LLP on

2.3.2017 The self-identification form government contractors have been using to gather information from employees and applicants pertaining to their disability status has been approved by OMB (Office of Management and Budget)...more

Immediate Update for Affirmative Action Compliance: New Voluntary Self-Identification of Disability Form for Federal Contractors...

by Robinson & Cole LLP on

Yesterday, the Office of Federal Contract Compliance Programs (OFCCP) published a new voluntary self-identification form (Self-ID form) to be used by covered federal contractors to comply with Section 503 of the...more

Renewed OFCCP Voluntary Self-Identification of Disability Form Now Available

Yesterday, the Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget renewed the voluntary self-identification form for individuals with disabilities for an additional three...more

OFCCP Sues Google For Comp, Employee Data

Every year, typically in the fall, federal contractors across the nation receive scheduling letters from the Office of Federal Contract Compliance Programs informing them that they have been selected for compliance reviews....more

EEOC Rule on Affirmative Action for Individuals With Disabilities in Federal Employment

by Seyfarth Shaw LLP on

Seyfarth Synopsis: These new regulations require federal agencies to be “model employers” of individuals with disabilities. As such, they now must take specific steps that are “reasonably designed” to gradually increase the...more

Federal Contractors Not the Only Ones with Disability Goals

by Jackson Lewis P.C. on

Federal agencies soon will be required to engage in affirmative outreach for individuals with disabilities. The final rule issued by EEOC on December 30, 2016, will require federal agencies to take steps to increase the...more

EEOC Issues Regulations on the Federal Government’s Obligation to Engage in Affirmative Action for People with Disabilities

New Rule Implementing Section 501 of the Rehabilitation Act Sets Employment Goals for Federal Agencies - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today published regulations explaining what...more

Will OFCCP bring back Courtesy Scheduling Announcement Letters in 2017?

by Jackson Lewis P.C. on

Happy New Year! As we ring in 2017 and prepare for affirmative action and OFCCP compliance in a Trump administration, many contractors are wondering whether 2017 will bring an OFCCP audit their way....more

Court: Employees Seeking Accommodation Must Compete For Reassignment - Split In Circuits Could Lead To Supreme Court Intervention

by Fisher Phillips on

The 11th Circuit Court of Appeals ruled that a disabled worker forced to leave her position because of her physical impairment must compete for vacant jobs when seeking reassignment, handing a victory to her former employer....more

Labor Department Finalizes Apprenticeship Program Discrimination Rule

by Fisher Phillips on

The U.S. Department of Labor (USDOL) has finalized a rule expanding nondiscrimination and affirmative action requirements in apprenticeship programs registered with the USDOL or state apprenticeship agencies. Program sponsors...more

Eleventh Circuit Holds the ADA Does Not Mandate Reassignment Without Competition or Preferential Treatment

In EEOC v. St. Joseph’s Hospital, the Eleventh Circuit recently held that the reasonable accommodation standard under the ADA “only requires an employer allow a disabled person to compete equally with the rest of the world...more

What Will Happen When the Smoke Clears? Post-Election HR Strategies for 2017 and Beyond

by Foley & Lardner LLP on

The long and contentious presidential campaign is over. So, now what? What does President-elect Trump’s victory mean for employers?...more

Peering into Hinshaw’s Crystal Ball: How the Trump Administration May Affect Labor and Employment Landscape

by Hinshaw & Culbertson LLP on

With the election of Donald Trump and transition to a Republican administration looming, employers are scrambling to predict what impact Trump will have on labor and employment policy and enforcement initiatives. What...more

What Will a Trump Presidency Mean for Employers? (Updated 11/22/16)

by Davis Brown Law Firm on

It's still two months until President-elect Trump takes office so it will be late January before we know whether Mr. Trump will pursue a traditional Republican agenda on employment issues. While Mr. Trump certainly carries a...more

A Word of Warning When it Comes to Contracting With the Federal Government: Beware

by Nexsen Pruet, PLLC on

Employers who regularly contract with the federal government are, most likely, already well aware that doing so can be both difficult and complex. This is particularly the case this time of year, when many are undergoing...more

[Webinar] 2016 OFCCP Developments: What Federal Contractors Need to Know for 2017 - November 16th, 1:00p.m. EST

by Smith Anderson on

OFCCP continued with its regulatory reform agenda in 2016 issuing the anticipated Paid Sick Leave and Fair Pay and Safe Workplaces (Blacklisting) final rules, and implementing the sex discrimination guidelines and pay...more

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