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Office of Federal Contract Compliance Programs Discrimination Federal Contractors

McCarter & English Blog: Government Contracts...

Department of Labor Issues New Guidance on the Use of Artificial Intelligence and Employment Decision-Making

On April 29, 2024, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released guidance to federal contractors regarding the use of artificial intelligence (AI) in their employment practices. See...more

DirectEmployers Association

OFCCP Week In Review: July 2024 #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 J. Chambers and Cynthia L. Hackerott. In today’s...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP publishes AI guidance for contractors

Traditional rules apply to AI, too! In response to President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the Office of Federal Contract Compliance Programs...more

DirectEmployers Association

OFCCP Week In Review: April 2024 #4

Tuesday, April 16, 2024: Federal Trade Commission Poised to Issue Final Rule to Prevent Most Worker Non-Compete Agreements - The Federal Trade Commission (“FTC”) is on the brink of issuing its Final Rule that would...more

DirectEmployers Association

OFCCP Week In Review: March 2024 #4

Wednesday, March 19, 2024: 2023 EEO-1 Component 1 Instruction Booklet Posted - As promised, the U.S. Equal Employment Opportunity Commission (“EEOC”) posted the 2023 EEO-1 Component 1 Instruction Booklet (“Instruction...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part I: Increased Challenges to DEI Programming Give Employers a Reason to Perform Risk Assessments

This article is the first part of Ogletree Deakins’ series, “DEI Under Scrutiny,” which examines the evolving employment law landscape for diversity, equity, and inclusion (DEI) initiatives in the United States....more

DirectEmployers Association

OFCCP Week In Review: November 2023 #3

Wednesday, November 15, 2023: Touting Systemic Enforcement Efforts, US EEOC Issued Its FY 2023 Agency Financial Report - Report Long on Narratives, But Short on Statistics - Agency Plans to Release Comprehensive...more

Proskauer - Government Contractor Compliance...

White House Issues First Artificial Intelligence Executive Order: AI Guidance for Federal Contractors Forthcoming

On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “EO”), the first executive order directly addressing artificial...more

DirectEmployers Association

OFCCP Week In Review: October 2023 #3

Sunday, October 1, 2023: OFCCP Discrimination Enforcement Statistics Hit New Lows - As federal Fiscal Year 2024 began on October 1, Fiscal Year 2023 ended on a down note for OFCCP as its enforcement statistics went even...more

FordHarrison

OFCCP Issues Final Rule Dialing Back Transparency Promised in 2020 Predetermination Notice Regulation

FordHarrison on

Executive Summary: On August 4, 2023, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) published a final rule amending the 2020 pre-enforcement regulations colloquially referred to as the...more

Jackson Lewis P.C.

OFCCP Announces Final PDN Rule

Jackson Lewis P.C. on

As previewed yesterday in OFCCP Interim Director Michelle Hodge’s keynote remarks during the opening day of the NILG 2023 National Conference, OFCCP has released the final rule on “procedures for identifying and remedying...more

DirectEmployers Association

OFCCP Week In Review: January 2021 #2

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

Wiley Rein LLP

DOL OFCCP Finalizes Rule on Religious Exemptions for Government Contractors

Wiley Rein LLP on

WHAT: On December 8, 2020, the U.S. Department of Labor (DOL) released a final rule expanding the religious exemption from anti-discrimination laws for federal contractors. Issued by the Office of Federal Contract Compliance...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP Codifies Procedures To Resolve Discrimination Claims

The revised regulations cement the enforcement practices. The Office of Federal Contract Compliance Programs issued a Final Rule implementing changes to its enforcement process. The changes apply to the regulations of all...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP Announces Its 2020 Results

The OFCCP had a banner year (again). The Office of Federal Contract Compliance Programs touted its accomplishments for Fiscal Year 2020 (October 2019 – September 2020). According to the agency, it recovered $35.6 million...more

PilieroMazza PLLC

OFCCP Audits Are Coming: 6 Tips to Help You Prepare

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The Office of Federal Contract Compliance Programs (OFCCP) just released its FY 2020 lists of Supply & Service and Construction contractors the agency expects to audit...more

Seyfarth Shaw LLP

Human Rights Agencies Issue Discrimination / Harassment Guidance Amidst COVID-19 Concerns

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Seyfarth Synopsis:  The U.S. Equal Employment Opportunity Commission (“EEOC”), the New York State Division of Human Rights (the “Division”) and the New York City Commission on Human Rights (the “Commission”) have all recently...more

Stinson - Government Contracting Matters

OFCCP Proposes Clarifying Evidence Standards, Post-Audit Procedures in Regulations

The Office of Federal Contract Compliance Programs (“OFCCP”) is seeking to codify its current procedures for analyzing statistical evidence of discrimination and communicating with contractors after finding potential...more

Polsinelli

Law Firms: Are You Ready for OFCCP to Come Knocking?

Polsinelli on

“Glaring,” “concerning,” “troubling,” “problematic,” and “systemic” were some of the words used by OFCCP Director Craig Leen to describe the underrepresentation of women, minorities, and individuals with disabilities at large...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Through the Veil: OFCCP’s Transparency Results in Even Minor Contractor Violations Being Published by the Agency

Recently, the Office of Federal Contract Compliance Programs (OFCCP) began posting in its Freedom of Information Act (FOIA) Library links to conciliation agreements between the agency and federal contractors that contain only...more

Polsinelli

OFCCP Implements Early Resolution Procedures To Expedite Compliance Audits

Polsinelli on

The Early Resolution Procedures (ERP) Directive (2019-02) appears to be designed to address a long-standing frustration of OFCCP regarding the structure of the compliance audit process: that it is generally limited to a...more

Jackson Lewis P.C.

OFCCP Incentivizes Employers To Choose Early Resolution Of Audits

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As we reported last Friday, OFCCP has kicked-off 2019 with a band – issuing three directives in a single day. Yesterday we reported on the first of three new Directives OFCCP issued to kick off fiscal year 2019. Today we...more

Jackson Lewis P.C.

Breaking News: OFCCP Releases Compliance Transparency And Ombud Service Directives

Jackson Lewis P.C. on

There is no rest for the weary at OFCCP. Continuing the steady flow of Directives and proposals as well as audits coming out of Washington D.C., the Agency has released two additional directives in furtherance of the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFCCP’s Proposed Directive Encourages Contractors to Consider FAAPs as an Alternative to Establishment-Based AAPs

On September 11, 2018, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register and a draft of a revised directive to “establish policies and procedures for requesting and...more

Littler

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

Littler on

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

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