News & Analysis as of

Office of Federal Contract Compliance Programs Equal Employment Opportunity Commission (EEOC) Pay Discrimination

Polsinelli

To Disclose or Not to Disclose: OFCCP to Appeal Adverse EEO-1 Report Disclosure Order

Polsinelli on

As previously reported, in late December 2023, the Northern District of California ordered OFCCP to release the EEO-1 reports of federal contractors it had previously withheld from production based on various exemptions under...more

FordHarrison

Federal Court Orders OFCCP to Release Federal Contractors' EEO-1 Reports

FordHarrison on

Executive Summary: On December 22, 2023, a federal court in California ordered the OFCCP to release the EEO-1 reports of federal contractors who had filed an objection to the agency’s release of their EEO-1 data in response...more

Littler

OFCCP Quietly Extends Deadline for Submitting Objections to EEO-1 Disclosures and Reveals Intention to Post EEO-1 Data on its...

Littler on

Last August OFCCP published a notice in the Federal Register advising employers that in response to a Freedom of Information Act (FOIA) request, the agency was planning to produce confidential information that is ordinarily...more

Morrison & Foerster LLP

[Webinar] Untangling the Web of Pay Equity and Transparency Compliance in 2023 - March 14th, 2:00 pm ET

Pay equity and transparency have become a focal point for lawmakers, regulators, shareholders, employees, and the public. Employers are increasingly challenged with trying to navigate the growing patchwork of pay equity and...more

Littler

OFCCP Again Extends Deadline for Submitting Objections to EEO-1 Disclosure, But New Wrinkles Added

Littler on

On February 14, 2023, OFCCP announced that it was again extending the deadline for employers to file objections to the disclosure of their EEO-1 data in response to a FOIA request from the Center for Investigative Reporting....more

Littler

OFCCP Provides Employers with Five Business Days to Submit Objections to the Disclosure of Confidential Data

Littler on

OFCCP issued yet another notice today regarding its handling of a FOIA request for production of all federal contractors’ EEO-1 Type 2 data from 2016 through 2020. The request keeps in place a February 17, 2023, deadline...more

FordHarrison

OFCCP Publishes List Of Contractors Whose EEO-1 Reports Will Be Released And Offers One Last Chance To Object

FordHarrison on

On August 19, OFCCP published a Notice in the Federal Register alerting federal contractors that it received a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) seeking all federal...more

Robinson+Cole Manufacturing Law Blog

Update: OFCCP Plans to Disclose EEO-1 Data for Non-Objecting Contractors Starting January 2023

As an update to our October 12, 2022 post regarding the deadline for federal contractors and first-tier subcontractors to object to disclosure of their Type 2 Consolidated EEO-1 reports from 2016 to 2020, the Office of...more

Robinson+Cole Manufacturing Law Blog

Deadline Fast-Approaching for Specific Contractors to Object to Type 2 EEO-1 Report Disclosure

In 2019, the Office of Federal Contract Compliance Programs (OFCCP) received an unprecedented Freedom of Information Act (FOIA) request from an investigative reporter (which was later amended), requesting Type 2 Consolidated...more

DirectEmployers Association

DE Under 3: OFCCP’s Unlawful Discrimination Allegations Stair-Step Down in FY 2022

In this episode of DE Under 3, John & Candee discuss the downturn of unlawful discrimination allegations by OFCCP, resulting in only 16 conciliation agreements in the last twelve months, as well as a decrease in the number of...more

DirectEmployers Association

OFCCP Week In Review: October 2022

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 Hackerott. In today’s edition,...more

Polsinelli

I Object! – OFCCP Extends Deadline to October 19 to Submit Objections to FOIA Request for All Type 2 Consolidated EEO-1 Reports

Polsinelli on

Yesterday OFCCP announced that it is extending the deadline to respond to and submit objections pursuant to its August 19, 2022, Notice in the Federal Register regarding a Freedom of Information Act (“FOIA”) request from Will...more

Littler

OFCCP Extends Deadline for Objecting to Proposed Disclosures of EEO-1 Data

Littler on

As outlined in our August 22 Insight, OFCCP announced an intention to produce federal contractors’ Type 2 EEO-1 data in response to a FOIA request from the Center for Investigative Reporting (CIR).  Employers were given until...more

Jackson Lewis P.C.

Opening Day of NILG 2022 National Conference

Jackson Lewis P.C. on

Hello from the opening day of the NILG 2022 National Conference in Boston, Massachusetts and it seems like the crowds have returned following last year’s hybrid conference in Nashville, TN....more

DirectEmployers Association

OFCCP Week In Review: April 2022 #4

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

DirectEmployers Association

OFCCP Week In Review: March 2022 #4

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

DirectEmployers Association

OFCCP Week In Review: March 2022 #3

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

DirectEmployers Association

Biden Administration Takes Its Foot Off The Gas on Employment Civil Rights Enforcement: OFCCP Joins EEOC in Nosedive in Critical...

What Federal Contractors May Expect For The Remainder of FY 2022 - No one would have ever predicted it a year ago or did predict that the OFCCP and the EEOC (see last week’s WIR) would actually go backwards and perform...more

Mitratech Holdings, Inc

[Webinar] How to Prepare for Pay Data Reporting Enforcement - November 17th, 9:00 am PDT

The demand for employers to assess the fairness of their compensation practices with respect to workers of different genders, races, and ethnicities has never been greater. While the Equal Employment Opportunity Commission...more

Polsinelli

OFCCP May Use EEO-1 Data Reported By Employers in Support of Enforcement Efforts

Polsinelli on

On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP) announced that it would “evaluate” using compensation data reported by federal contractors in annual EEO-1 filings to guide its enforcement...more

Proskauer - Government Contractor Compliance...

OFCCP to Reconsider Use of EEO-1 Component 2 Data

OFCCP announced on September 1, 2021 that it plans to rescind a November 2019 notice regarding EEO-1 Component 2 data. EEO-1 Component 2 data was required to be submitted in 2019, and consists of aggregated employee wage and...more

Littler

OFCCP Reverses Course, Will Use EEO-1 Pay Data for Investigation, Enforcement

Littler on

On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP), the Department of Labor sub-agency charged with enforcing affirmative action and non-discrimination requirements imposed on federal contractors...more

Holland & Knight LLP

OFCCP and New Affirmative Action Developments for Federal Contractors

Holland & Knight LLP on

During the first seven months of the Biden Administration, there have been several developments in the area of federal contractor affirmative action. As most contractors know, three federal contractor affirmative action...more

Stinson - Government Contracting Matters

Contractors Should Prepare for Increased OFCCP Pay Scrutiny

With the change in administration, government contractors should anticipate increased scrutiny of their pay practices. President Biden signaled heightened pay equity enforcement on his first day in office by appointing Jenny...more

Nilan Johnson Lewis PA

EEOC and DFEH Using EEO-1 Pay Data to Find Intersectional or Gender-Plus Claims

Employers that provided EEO-1 Component Two pay data to the Equal Employment Opportunity Commission (EEOC), or are currently preparing to provide data to the California Department of Fair Employment and Housing (DFEH) as part...more

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