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OFCCP Preparing to Scrutinize Federal Contractors’ Use of AI Hiring Tools and Other Technology-based Selection Procedures

On August 24, 2023, the Office of Management and Budget approved a request from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) to revise the “Itemized Listing” that OFCCP uses to collect...more

New Guidance on Contractor Vaccine Mandate Anticipated Soon

On Friday, October 14, 2022, the Office of Management and Budget (OMB) and the Safer Federal Workforce Task Force (“Task Force”) announced that they anticipate further guidance will be issued following the narrowing of the...more

OFCCP Plans to Disclose Confidential Employer EEO-1 Data: Can Employers Protect Their Information?

On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential...more

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

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

California Provides Additional Guidance on Employee Pay Data Reporting

On November 23, 2020, the California Department of Fair Employment and Housing issued additional guidance for employers regarding their requirement to file employee compensation data with the state beginning in March of next...more

OFCCP Releases FAQs on Diversity and Inclusion Executive Order

On October 7, 2020, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released Frequently Asked Questions under the recent Executive Order 13950 regarding diversity and inclusion programs...more

New Executive Order Seeks to Regulate Diversity Training by Federal Contractors and Grant Recipients

On September 22, 2020, the White House released a new executive order, On Combating Race and Sex Stereotyping.  Among other things, the order instructs government contracting agencies to add provisions to government contracts...more

EEOC Closes EEO-1 “Component 2” Pay Data Collection; Upcoming Filing Requirements Not Yet Clear

On February 10, 2020, the U.S. District Court for the District of Columbia approved the Equal Employment Opportunity Commission (EEOC)’s request to deem its retrospective collection of compensation data (the so-called...more

EEOC Announces It Will Not Collect Compensation Data Next Year

On September 11, 2019, the Equal Employment Opportunity Commission (EEOC) announced that it would not seek approval from the Office of Management and Budget (OMB) to collect detailed employee compensation data on its Form...more

EEOC Provides Additional Guidance on EEO-1 Component 2 Information

Now that the 2018 EEO-1 Component 1 filing deadline has passed, employers have been anxiously awaiting additional information on the requirements for filing 2017 and 2018 Component 2 compensation data due September 30, 2019....more

EEOC Files Plan to Require EEO-1 Compensation Data Reporting by September 30, 2019

In an April 3, 2019 filing in the federal district court that had ordered reinstatement of EEO-1 pay data reporting requirements, the Equal Employment Opportunity Commission (EEOC) explained its inability to comply with the...more

New EEO-1 Report Suspended Indefinitely

To the relief of employers steeling themselves for compliance with the revised EEO-1 Report, the Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA) has suspended indefinitely the new...more

Revised EEO-1 Report – Where Does it Stand?

In the cycle of seasons, July is when an employer’s thoughts turn to the filing of its annual EEO-1 reports. Since 1966, employers with 100 or more employees that are subject to Title VII have been required to annually file...more

Supreme Court Upholds Consideration of Race in a College Admissions Program – What Does This Mean for Employer Diversity Efforts?

On June 23, 2016, the U.S. Supreme Court issued an opinion for the second time in Fisher v. University of Texas at Austin, (Fisher II), a case that directly questioned whether race can be considered at all in college...more

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