As we previously reported, shortly after taking office, President Biden revoked the controversial Combatting Race and Sex Stereotyping Executive Order (the “Order”) as part of a new Executive Order focusing on “Advancing...more
As previously reported, the new Biden Administration is wasting no time in making changes impacting the government contractor community. This now includes changing leadership at the OFCCP. As was anticipated, and is now...more
As predicted, just hours after taking office, President Biden revoked the controversial Combatting Race and Sex Stereotyping Executive Order (the “Order”) issued by his predecessor in September. As previously reported, the...more
On January 8, 2020, the Office of Federal Contract Compliance Programs (“OFCCP”) published an opinion letter responding to an unidentified religious organization’s request for clarification on the “scope of the legal...more
On January 11, 2020, Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) into law, moving the District one step closer to implementing one of the broadest, if not the broadest bans on...more
As we previously reported, when OFCCP released its latest Corporate Scheduling Announcement List (“CSAL”) in September 2020, it identified contractors selected for the agency’s new reviews focused on promotions and...more
Quick Hit:
On December 22, 2020, a federal judge issued a nationwide preliminary injunction enjoining sections of President Trump’s recent “Combatting Race and Sex Stereotyping” Executive Order (the “Executive Order”) that...more
Quick Hit: On December 17, 2020, the Council of the District of Columbia passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), which, subject to certain very narrow exceptions, will “make void and...more
Quick Hit: On December 15, 2020, OFCCP announced the release of Directive 2021-02, Certainty in OFCCP Policies and Practices (the “Directive”). The Directive generally “reaffirms” a number of certainty initiatives...more
Quick Hit: OFCCP has published its final rule codifying the process by which it determines and notifies contractors of findings of discrimination. The rule, which goes into effect on December 10, 2020, adds significant...more
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On December 7, 2020, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued its final rule enhancing the religious exemption for federal government contractors already contained...more
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On November 2, 2020, LGBT advocacy groups filed the second challenge to President Trump’s recent Executive Order on “Combatting Race and Sex Stereotyping” (the “Order”). Like the first lawsuit, this lawsuit...more
11/5/2020
/ Bias ,
Diversity ,
Due Process ,
Employee Training ,
Equal Protection ,
Executive Orders ,
Federal Funding ,
Fifth Amendment ,
First Amendment ,
Free Speech ,
LGBTQ ,
OFCCP ,
Sexual Stereotyping ,
Trump Administration
Quick Hit: As we previously reported, earlier this year District of Columbia enacted the Leave to Vote Amendment Act of 2020 (the “Act”) which grants all D.C. employees two hours of paid leave to vote in person. Although the...more
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On October 29, 2020, civil rights groups filed a lawsuit challenging President Trump’s recent Executive Order on “Combatting Race and Sex Stereotyping” (the “Order”). The Complaint alleges that the Order...more
11/3/2020
/ Bias ,
Department of Labor (DOL) ,
Diversity ,
Due Process ,
Employee Training ,
Equal Protection ,
Executive Orders ,
Federal Contractors ,
Fifth Amendment ,
First Amendment ,
Free Speech ,
Sexual Stereotyping ,
Trump Administration
In this episode of The Proskauer Brief, partners Harris Mufson and Guy Brenner discuss the Trump administration’s recent Executive Order on Combating Race and Sex Stereotyping, which restricts the concepts that government...more
10/22/2020
/ Compliance ,
Diversity ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
Hotlines ,
OFCCP ,
Podcasts ,
Race Discrimination ,
Sexual Stereotyping ,
Suspensions & Debarments ,
Trump Administration
During an October 21, 2020 “stakeholder” call, Director Leen took the opportunity to laud the agency’s accomplishments over the past four years, including record financial recoveries. Director Leen noted that the agency’s...more
On October 21, 2020 the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) held a stakeholder call regarding the agency’s implementation of Executive Order 13950, “Combatting Race and Sex...more
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The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) has issued guidance on President Trump’s September 22, 2020 “Executive Order on Combatting Race and Sex Stereotyping” (the...more
As we previously reported, on September 22, 2020, President Trump issued his “Executive Order on Combatting Race and Sex Stereotyping” (the “Order”), which seeks, among other things, to prohibit government contractors from...more
Quick Hit: The temporary expansion of the DC Family and Medical Leave Act to provide D.C. employees up to 16 weeks of unpaid, job-protected “COVID-19 leave” has been extended through October 9, 2020. The D.C. Office of...more
As we previously reported, earlier this year Maryland passed a number of employment laws that, among other things, prohibit use of facial recognition technology, wage history inquires and hairstyle discrimination, and revise...more
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On September 22, 2020, President Trump issued an “Executive Order on Combatting Race and Sex Stereotyping” (the “Order”). The Order, among other things, requires new contracts entered into with the federal...more
As we recently reported, OFCCP has issued its 2020 Corporate Scheduling Announcement List. That list included contractors selected for two new types of reviews focused on promotions and accommodations. Other than some...more
As we previously reported, OFCCP released its latest Corporate Scheduling Announcement List (CSAL) on September 11, 2020, in which it identified 2,250 supply and service contractor establishments and 200 construction...more
On September 14, 2020, the Federal Register published an information collection request (“ICR”) by the OFCCP in which the agency discloses that it “seeks authorization for an annual Affirmative Action Program online...more