Affirmative Action

News & Analysis as of

Employee's Change in Racial Self-Identification Cannot Support Discrimination Claim if Employer Unaware of Change

In recent years, more Americans have begun identifying themselves as biracial or of mixed racial heritage. This shift has resulted in changes to census and other forms where people are asked to self-identify by race. In...more

What Should Employers Expect During The New Supreme Court Term?

The first Monday in October is the traditional first day of a new U.S. Supreme Court term.  As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers.  Here is a review of...more

OFCCP Issues Infographics on Jurisdictional Thresholds and Protected Veteran Status

The Office of Federal Contract Compliance Programs (OFCCP) recently added two infographics to the collection of federal contractor resources available on its website. These new resources concerning jurisdictional thresholds...more

The Latest OFCCP News: VEVRAA Coverage, Outreach Poster, and Approaching Deadlines

On July 2, 2015, the Federal Acquisition Regulatory Council amended the jurisdictional threshold for coverage under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). Currently, a contractor with a single...more

OFCCP Issues Regulations on "Pay Transparency"

Today the U.S. Office of Federal Contract Compliance Programs issued its Final Rule implementing Executive Order 13665, which prohibits federal contractors from discriminating against employees and applicants who ask about or...more

Responding to a Scheduling Letter From the OFCCP: The Little Things Matter

It is the Tuesday after a long holiday weekend, and you are faithfully going through the pile of mail on your desk when you spy an envelope from the United States Department of Labor’s Office of Federal Contract Compliance...more

U.S. Supreme Court Set to Rehear University of Texas Affirmative Action Case

Recently, the U.S. Supreme Court announced it would revisit Fisher v. Texas, the affirmative action case it initially heard in 2013.  The first time it heard the case, the Court remanded the case to the lower court to...more

Affirmative Action Alert: Agencies issue proposals on "Fair Pay & Safe Workplaces" Executive Order

The Federal Acquisition Regulatory Council and the U.S. Department of Labor issued simultaneous proposals to implement President Obama’s Fair Pay and Safe Workplaces Executive Order. The Executive Order, signed last July,...more

Federal Contractors Should Keep Focus on Compliance for Hiring Veterans

While recent United States Department of Labor figures show the unemployment rate of veterans is trending below the national unemployment average, unemployment of younger veterans who have served since 9/11 still exceeds the...more

OFCCP Modernizes Sex Discrimination Guidelines

On January 30, 2015, the Office of Federal Contract Compliance Programs (OFCCP) published proposed updates to its Sex Discrimination Guidelines setting forth its interpretations and rules for complying with the...more

Blog: OFCCP Proposes New Sex Discrimination Guidelines for Contractors and Subcontractors

On January 28, 2015, the Office of Federal Contract Compliance Programs (“OFCCP”) announced proposed changes to its sex discrimination guidelines (“Guidelines”). The current Guidelines set forth the interpretations and...more

Blog: Opportunities for Small Businesses in the Government Market

The US Government is the single largest purchaser of goods and services in the world, and its annual goal is to award 23% of its prime contract dollars to small businesses. For fiscal 2013, that amounted to nearly $84...more

D.C. Circuit Upholds OFCCP's Disability Affirmative Action Rules

Last year, the Department of Labor’s Office of Federal Contract Compliance Programs issued final regulations requiring that federal contractors subject to Section 503 of the Rehabilitation Act adopt new measures intended to...more

OFCCP Issues Final Rule Prohibiting Sexual Orientation and Gender Identity Discrimination by Federal Contractors

The Office of Federal Contract Compliance Programs (OFCCP) has announced a Final Rule implementing changes made to the affirmative action requirements by Executive Order 13672, which prohibits discrimination based on sexual...more

Federal Contractors: My Baby (well, actually, the OFCCP) Just Wrote Me A Letter!!

On October 1, 2014, the Office of Management and Budget (OMB) blessed a new Office of Federal Contractor Compliance Programs (OFCCP) Scheduling Letter and Itemized Listing for Supply and Service contractors, which is...more

OFCCP Issues New Scheduling Letter and Itemized Listing

On October 1, 2014, the Office of Federal Contract Compliance Programs (OFCCP) released its new compliance evaluation scheduling letter and accompanying Itemized Listing, which the OFCCP will begin using to schedule new...more

OFCCP Issues New Scheduling Letter and Itemized Listing – Federal Contractors Must Act Quickly to Ensure Compliance

On September 30, 2014, the Office of Federal Contract Compliance Programs ("OFCCP") published a Notice in the Federal Register announcing a newly approved Scheduling Letter and Itemized Listing. ...more

At Long Last, OFCCP Announces OMB Approval of a New Scheduling Letter and Itemized Listing

More than three years after the Office of Federal Contract Compliance Programs (OFCCP) first announced its intent to issue a new Scheduling Letter and Itemized Listing, the Agency finally has obtained approval to do so from...more

Ch Ch Ch Ch Changes: New VETS-4212 Report Means More Changes for Federal Contractors

Ch-ch-ch-ch-changes. David Bowie’s familiar refrain has become the motto of federal contractors everywhere as they struggle to keep pace with the numerous regulatory changes and enforcement initiatives currently being...more

New VETS-4212 Rule Finalized – Contractors Must Report Aggregate Statistics

Changes to the VETS-100A report proposed by the Department of Labor’s Veterans’ Employment and Training Service (“VETS”) earlier this year were approved and were published in the Federal Register last week. ...more

Finally Some Good News: VETS Final Rule Reduces Burden on Federal Contractors

If you are a federal contractor, you may be feeling a bit picked on by the Department of Labor of late. It seems as though every regulatory change increases the burden for federal contractors. But not so with the Final Rule...more

New VETS Report on the Horizon

Covered federal contractors and subcontractors must annually report the number of their employees who are protected veterans, and the number of veterans they have hired during a reporting period. At long last, the U.S....more

DOL Issues Directive on Gender Identity and Transgender Status

The U.S. Department of Labor's (DOL) Office of Federal Contract Compliance Programs (OFCCP)—which enforces anti-discrimination and affirmative action laws affecting government contractors and subcontractors—has issued...more

Affirmative Action Alert Oh, No! Another Executive Order For Federal Contractors

For the fifth time in seven months, President Obama has signed an Executive Order directed solely toward federal contractors and their employees. Yesterday, he signed the "Fair Play and Safe Workplaces" Executive Order to...more

Weekly Update Newsletter - August 2014

In this issue: - DoD, GSA, and NASA Issue an Interim Rule to Amend FAR: Equal Employment and Affirmative Action for Veterans and Individuals With Disabilities - DoD, GSA, and NASA Issue a Final Rule to Amend...more

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