News & Analysis as of

Affirmative Action EEO

Morrison & Foerster LLP

OFCCP’s New Burdensome Audit Scheduling Letter Approved

On August 25, 2023, OFCCP announced that it received approval from the Office of Management and Budget (OMB) for its new Scheduling Letter and Itemized Listing, significantly expanding the information and data federal...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP begins using new Scheduling Letter

Your next audit will be significantly more burdensome. The Office of Federal Contract Compliance Programs announced its new Scheduling Letter and Itemized Listing effective immediately. As anticipated, the new desk audit...more

Mitratech Holdings, Inc

Supreme Court Strikes Down Affirmative Action in College Admissions

On Thurs. June 29, 2023, the Supreme Court ruled that race-conscious admissions policies are unconstitutional and invoked the Equal Protection Clause of the 14th Amendment, stating that Harvard’s and UNC’s admissions programs...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Supreme Court’s Affirmative Action Ruling: 6 Takeaways for Government Contractors

How does the Supreme Court of the United States’ ban on affirmative action in higher education affect government contractors? In short—it doesn’t. Covered federal contractors and subcontractors must continue to comply with...more

Parker Poe Adams & Bernstein LLP

Can Employee Affinity Groups Result in Discrimination Claims?

In the wake of the Supreme Court’s Students for Fair Admissions college and university affirmative action decision last month, some employers are questioning the continuing legality of their Diversity, Equity, and Inclusion...more

Fox Rothschild LLP

OFCCP Designates 12 Large Federal Construction Projects as Mega Construction Projects

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The U.S. Department of Labor’s Office of Contract Compliance Programs (OFCCP) has released a list of 12 large federal construction projects (megaprojects) that it has designated as being eligible for its Mega Construction...more

DirectEmployers Association

OFCCP Week In Review: January 2023 #5

U.S. GAO Published Report on Strengthening “DEIA” in the Federal Civilian Workforce - The United States Government Accountability Office (GAO) issued a two-page “snapshot” report to discuss its work from 2017-2022 on the...more

Proskauer - Government Contractor Compliance...

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...more

FordHarrison

Federal Contractor Update (Including New Workplace Poster Applicable to All Employers)

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Executive Summary: EEOC and OFCCP have issued a new workplace poster, and the end of the year is quickly approaching. Now is the time for federal contractors to start planning for 2023 compliance with OFCCP obligations...more

Mitratech Holdings, Inc

[Webinar] Ensuring Equal Employment Opportunity in Promotions: A Dialogue Between Former EEO Agency Leaders - December 13th, 9:00...

In this special webinar event, Circa board members Cari Dominguez and Craig Leen will have an engaging dialogue on how employers can build a work environment ensuring that all employees, including those from underrepresented...more

Fisher Phillips

What Federal Contractors Need to Know About EEOC’s New Mandatory Workplace Poster

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Like other employers with at least 15 employees, federal contractors need to replace their workplace discrimination poster with a new notice that the Equal Employment Opportunity Commission (EEOC) recently published. The new...more

DirectEmployers Association

Carnegie-Mellon Researchers Published Report on Statistical Uncertainty in Census Bureau Data

Experts Tell DE/WIR team that possible OFCCP compliance issues depend on what factors are considered - Background: The American Community Survey (ACS) and other Census Bureau data products contain many kinds of statistical...more

DirectEmployers Association

OFCCP Week In Review: September 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

Paul Hastings LLP

OFCCP Clarifies Stance on Evaluation of Federal Contractor Analysis of Pay

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On August 18, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (the “OFCCP”) issued a revised Directive clarifying how the Agency intends to review contractors’ compliance with the...more

PilieroMazza PLLC

[Webinar] Labor & Employment Update: A Bumpy Road Ahead for Government Contractors - September 13th, 2:00 pm - 3:00 pm ET

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Don’t miss this webinar which focuses on developments and updates surrounding EEO, affirmative action, HR compliance, and diversity and inclusion issues specific to businesses operating in the federal procurement space....more

DirectEmployers Association

GAO Made Seven Lackluster Recommendations to OFCCP to “Improve Oversight of Veterans’ Federal Contractor Employment”

Responding to unnamed and unknown “Congressional Requesters,” the U.S. Government Accountability Office (“GAO”) issued a 45-page written report titled “Equal Employment Opportunity: Better Assistance and Data Use Could...more

DirectEmployers Association

OFCCP Week in Review, Special Edition | DEAMcon22 Day Three Recap

This is a special edition of the DirectEmployers Week In Review covering the three days of the DirectEmployers 2022 Annual Meeting (DEAMcon22) for Members and Non-Members held this year at the Park Hyatt Aviara Resort, Golf...more

DirectEmployers Association

[Webinar] A Deep Dive into the New EEO/AA Census Data - January 27th, 2:00 pm - 3:00 pm EST

When it comes to EEO and AA planning, census data can be an invaluable resource, but understanding its implications can prove difficult. Since February 2021, Judy Julius, owner and primary consultant of EEO Consulting has...more

PilieroMazza PLLC

Construction Webinar Series: Construction Contractors: Considerations in Subcontracting Plans and OFCCP Compliance

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A fundamental goal of federal contracting is to provide greater market access to socially and economically disadvantaged individuals through performance on government contracts. Construction contractors have an important role...more

PilieroMazza PLLC

[Webinar] Construction Series: Construction Contractors: Considerations in Subcontracting Plans and OFCCP Compliance - January...

PilieroMazza PLLC on

A fundamental goal of federal contracting is to provide greater market access to socially and economically disadvantaged individuals through performance on government contracts. Construction contractors have an important role...more

Mitratech Holdings, Inc

[Webinar] What HR & DEI Practitioners Need to Know About the New EEO Census Tables - December 9th, 9:00 am PST

Mitratech Holdings, Inc on

Whether you are setting your DEI benchmarks or mapping your prior census data to the new census data for your 2022 affirmative action programs, as required, you’ll want to attend this webinar. In this session you will learn...more

DirectEmployers Association

OFCCP Week In Review: September 2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Jackson Lewis P.C.

Updated Census Data Ready For Use For January 1, 2022 AAPs And Beyond

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On the eve of the Labor Day weekend, OFCCP notified federal contractors of the availability of updated census data for use in determining the AAP availability of women and minorities: Equal Employment Opportunity Tabulation...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP Orders Contractors To Use Updated Census Data

New population stats released by U.S. Census Bureau. Affirmative action plans developed on or after January 1, 2022, must rely on newly released census data. The Office of Federal Contract Compliance Programs has...more

Mitratech Holdings, Inc

[Webinar] Navigating Today’s Tough HR Questions: Best Practices from the Experts - July 21st, 9:00 am - 10:30 am PDT

As diversity, equity, and inclusion take center stage in the HR landscape, challenges emerge. What are the EEO and ADA considerations employers need to keep in mind as we consider returning to work and leverage telework? How...more

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