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OFCCP Issues Final Rule Outlining Procedures for Resolving Employment Discrimination

For years, many federal contractors have criticized the Office of Federal Contract Compliance Programs (OFCCP) for misusing statistical methods to support allegations of discrimination against federal contractors and for...more

OFCCP Issues Voluntary Request for Information Regarding Diversity and Inclusion Programs

On October 21, 2020, the Office of Federal Contract Compliance released a Request for Information (RFI) relating to federal contractor and subcontractor training, and the recently issued Executive Order 13950. That order,...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

OFCCP Issues Final Rule on TRICARE Participation and Covered Health Care Providers

On July 2, 2020, the Office of Federal Contract Compliance Programs (OFCCP) issued a final rule1 amending its regulations to confirm the agency lacks jurisdiction over health care providers whose sole government contract is...more

Leadership Changes in OFCCP’s Future?

Craig Leen’s performance as OFCCP’s director has generally received high marks from the federal contractor community.  Although the agency under Director Leen became much more aggressive with regard to some of its enforcement...more

WPI Labor Day Report 2019

Labor Day became an official federal holiday in 1894. Although the world of employment has obviously changed significantly over the last 125 years, the pace of workplace transformation seems to have accelerated in the past...more

OFCCP Issues Opinion Letter on Whether Pell Grants Trigger Federal Contractor Status for Colleges

In an effort to provide additional compliance assistance resources to contractors, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2019-03 in late 2018. Under this Directive, OFCCP announced...more

Hiring Benchmark for Veteran Affirmative Action Plans Lowered to 5.9%

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced on March 27, 2019, that it is lowering the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark to 5.9...more

OFCCP Continues Efforts to Maximize Efficiency and Increase Transparency with Three New Directives

On November 30, 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued three new directives that it describes as reinforcing OFCCP’s “commitment to fulfilling its enforcement mission with more accountability...more

A More Modern Approach to OFCCP's Functional Affirmative Action Programs?

Generally, federal contractors must develop a written affirmative action program for every physical location with 50 or more employees....more

Something Old, Something New: Contractor Recognition and AAP Verification on the Horizon at OFCCP

On August 24, 2018, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued three new directives, 2018-05, 2018-06, and 2018-07. While directive 2018-05 has received most of the attention...more

OFCCP Reins in Compensation Analysis by Rescinding Directive 307 and Issuing New Guidance

On August 24, 2018, the Office of Federal Contract Compliance Programs (OFCCP) rescinded Directive 307 and its Obama-era procedures for reviewing contractor compensation systems and practices, and replaced it with a new...more

OFCCP Focused Reviews Coming in FY 2019

On August 10, 2018, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new directive, 2018-04, announcing a plan to implement focused reviews of contractors’ compliance with Executive...more

OFCCP Orders Staff to Respect Contractors' Religious Freedoms

On August 10, 2018, Craig Leen, Acting Director of the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), issued a new directive, 2018-03...more

OFCCP Acting Director Promises Clear Guidance and Consistency While Laying out a Program of Carrots and Sticks

In his first two speeches after taking over as Acting Director of the Office of Federal Contract Compliance Programs (OFCCP), Craig Leen emphasized a commitment to the rule of law, promised to provide contractors with clear...more

OFCCP Extends Moratorium on TRICARE Enforcement for Two More Years

On May 18, 2018, the U.S. Office of Federal Contract Compliance Programs (OFCCP) issued a directive ending uncertainty as to whether efforts to audit TRICARE participants will resume in 2019 and signaling an encouraging...more

OFCCP Clarifies Methodology for Contractor Audit Selection

On April 18, 2018, in another step signaling increased transparency for federal contractors, OFCCP issued a release describing its methodology for selecting and scheduling federal contractors for audit in 2018. ...more

New OFCCP Directive on Predetermination Notices Makes it Easier for Contractors to Understand and Address OFCCP Audit Concerns

A Promise of Greater Transparency and Consistency - In recently meeting with the OFCCP’s new leadership, we were pleased to hear that they are committing to increasing transparency and achieving consistency across regional...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

Federal Contractors Must Update Disability Self-Identification Forms on February 1, 2017

Federal contractors subject to Section 503 of the Rehabilitation Act of 1973 are required to invite applicants for employment and new hires to identify themselves as individuals with disabilities. Covered contractors are...more

EEO-1 Reports: Time for Employers to Get in Formation

This is the time of year when employers with 100 or more employees and federal contractors with 50 or more employees must prepare and file their annual EEO-1 reports – documents that provide the government with details...more

OFCCP Issues Final Regulations on Sex Discrimination for Government Contractors

On June 15, 2016, the U.S. Office of Federal Contract Compliance Programs (“OFCCP”) published a final rule detailing the obligations of federal contractors to ensure nondiscrimination on the basis of sex, and to take...more

Labor & Employment Issues Facing the Healthcare Industry

Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more

Does OFCCP Have Jurisdiction Over TRICARE Participants? Stay Tuned. The Answer Lies Years In The Future

Over the past several years, we have written repeatedly about the efforts of the Office of Federal Contract Compliance Programs (the OFCCP) to gain jurisdiction over health care providers based solely on providers'...more

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