The Center for Investigative Reporting’s (CIR) lawsuit against the U.S. Department of Labor, Office of Federal Contract Compliance Program (OFCCP) over EEO-1 report access has ended — at least for now — in the court ordering...more
On August 3, the Office of Federal Contract Compliance Programs (OFCCP) published its final Pre-Enforcement Notice and Conciliation Procedures rule in the Federal Register. It will go into effect on September 5, 2023. OFCCP...more
The Office of Federal Contract Compliance Programs (OFCCP) has been working to revise the scheduling letter and itemized listing it uses to initiate compliance reviews of supply and service federal contractors and...more
OFCCP’s regulations were designed for the typical private sector contractor. As a result, higher educational institutions, particularly colleges and universities, often struggle with fitting their “round pegs” processes into...more
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) received a Freedom of Information Act (FOIA) request for detailed EEO-1 Report employee demographic information that thousands of U.S....more
OFCCP’s contractor portal is new for everyone, and we are all learning how to use it.
But it presents a unique and interesting inflection point for higher education employers.
Let us explain . . .
OFCCP uses EEO-1...more
The push for pay equity has moved beyond prohibiting pay discrimination and into requiring employers encourage pay transparency for applicants and employees.
At the federal level, the National Labor Relations Act can...more
As we previously reported, OFCCP finally received approval of its new scheduling letters – and as a result federal contractors and subcontractors will be required to submit some additional information when selected for a...more
In August, OFCCP issued a proposed new rule to clarify aspects of a religious exemption available to federal contractors. According to OFCCP, the rule is intended to provide clarity regarding the scope and application of the...more
Since the Government Accountability Office (GAO) issued its Recommendations to Strengthen the Office of Federal Contract Compliance Programs’ Oversight of Federal Contractors’ Nondiscrimination Compliance in July 2016, OFCCP...more
Avid readers have seen that OFCCP has been busy this summer. In August alone, the Agency attended the 2019 ILG National Conference in Milwaukee, issued FAQs on student workers, proposed a new rule regarding religious...more
Functional affirmative action plans (FAAPs) are not new. While the regulations require AAPs be prepared on an establishment-basis, OFCCP has permitted contractors to structure their AAPs by “function” or “business unit” –...more
The official rules and authority that govern OFCCP’s actions are set forth in the federal regulations at 41 CFR 60. These regulations go through notice and comment, as well as substantive review to ensure the appropriate...more
This is the third of our series of blog posts on the Office of Management and Budget’s (OMB) July 1 request for comments on OFCCP’s updated proposed scheduling letters. For background, OFCCP first proposed changes to its...more
This is the second blog post in our series discussing the Office of Management and Budget’s (OMB’s) request for further comments on OFCCP’s proposed scheduling letters and itemized listings, which were first published in...more
In April, OFCCP proposed four new scheduling letters – one each for its establishment reviews, compliance checks, and separate but related letters for its focused reviews on Section 503 (disability) and VEVRAA (veteran)...more
This, our third and final blog in a series discussing the proposed changes to OFCCP’s scheduling letters, takes a look at the Agency’s proposed changes to the establishment review letter and itemized listing.
With the...more
This is the second in our series of blogs on OFCCP’s proposed changes to its various scheduling letters.
Our previous publication focused on the Agency’s new Section 503 and VEVRAA Focused Reviews. In addition to rolling...more
Under the leadership of new OFCCP Director Ondray Harris, the Agency has issued its first policy directive of 2018. Directive 2018-01, effective February 27, addresses an area of concern discussed at length during the...more