News & Analysis as of

Office of Federal Contract Compliance Programs Policies and Procedures

Whiteford

Client Alert: Avoiding Legal Pitfalls and Risks in Workplace Use of Artificial Intelligence

Whiteford on

Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of...more

Fisher Phillips

Here’s What Federal Contractors Need to Know About the New Expedited Conciliation Procedures

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The federal agency overseeing affirmative action and federal contract compliance recently updated its procedures for expedited conciliation when alleged discriminatory practices are found during compliance evaluations – which...more

DirectEmployers Association

OFCCP Week in Review Special Edition | DEAMcon24 Day Two Recap

The following is Part 2 of a 3-Part series reporting on the 26 presentations at the DirectEmployers (“DE”) Annual Meeting & Conference (DEAMcon24) of Members and the public. DE published the first installment on Monday, April...more

Foley & Lardner LLP

OFCCP’s Proposed Modifications to Scheduling Letter Would Result in Additional Burdens for Contractors Responding to Audits

Foley & Lardner LLP on

In case the National Labor Relations Board’s recent decisions and the Federal Trade Commission’s new proposed rule on non-competes haven’t given employers enough to think about in the new year, companies with federal...more

Fisher Phillips

OFCCP Wants to Expand its Reach for More Data Upfront in Audits: Your 3-Step Action Plan to Prepare for the Changes

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Every few years, OFCCP is required to seek reauthorization of its “compliance review scheduling letter” and “itemized listing” – the documents sent to federal contractors to let them know that their organization is now being...more

Proskauer - Government Contractor Compliance...

OFCCP Proposes Changes To Scheduling Letter and Itemized Listing

On November 21, 2022, OFCCP published notice in the Federal Register that it is seeking reauthorization of a revised Compliance Review Scheduling Letter (“Scheduling Letter”) and Itemized Listing. These documents are issued...more

DirectEmployers Association

OFCCP Released The “Wrecking Ball” On Most Of The Remaining Trump Administration Policies and Procedures Of Significance

In a new Directive titled “Effective Compliance Evaluations and Enforcement” (DIR 2022-02) OFCCP announced it had withdrawn what the Trump OFCCP Director had called his “four pillars” of Agency policy and procedure. The...more

DirectEmployers Association

OFCCP Week In Review: April 2022

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

Constangy, Brooks, Smith & Prophete, LLP

OFCCP dismantles The Four Pillars

“CERT” is now in the history books. During the Trump administration under former Director Craig Leen, the Office of Federal Contract Compliance Programs instituted a series of initiatives and policy changes that Leen...more

Mitratech Holdings, Inc

OFCCP Regional Directors Talk ‘Nuts and Bolts” at the 2021 NILG Annual Conference

Four of the six OFCCP Regional Directors (RDs) attended the recent 2021 NILG National Conference.  Michelle Hodge spoke about the Mid-Atlantic District she is managing until later this month (when she becomes OFCCP Deputy...more

Faegre Drinker Biddle & Reath LLP

OFCCP Issues Last Directive Under CERT Principles for OFCCP Policies and Practices

Under the leadership of Director Craig Leen, the Office of Federal Contract Compliance Programs (OFCCP) advanced four thematic foundations of Certainty, Efficiency, Recognition and Transparency (the CERT principles) to...more

Proskauer - Government Contractor Compliance...

OFCCP Issues Certainty Directive

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

Jackson Lewis P.C.

OFCCP Launches Guidance Landing Pages For Promotion And Accommodation Focused Reviews

Jackson Lewis P.C. on

OFCCP’s most recent CSAL included, for the first time, establishments selected for promotion and accommodation focused reviews. While the Agency has talked for sometime about initiating these types of focused reviews, there...more

Sheppard Mullin Richter & Hampton LLP

OFCCP Issues Contractor Friendly Directives That Aim to Streamline Investigative Processes and Decrease Contractor Guesswork

Directly in line with the U.S. Department of Labor’s Office of Federal Contract Compliance Program’s (OFCCP) new policy emphasis on agency transparency, accountability, efficiency and collaborative resolution, the OFCCP...more

Proskauer - Government Contractor Compliance...

OFCCP Rescinds Active Case Enforcement Procedures

Quick Hit: Office of Federal Contractor Compliance Programs (“OFCCP”) has issued Directive 2019-01 (the “Directive”), which rescinds Directive 2011-01 which established OFCCP’s now-defunct Active Case Enforcement or “ACE”...more

Littler

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

Littler on

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

Proskauer - Government Contractor Compliance...

OFCCP Issues New Directive Addressing “Transparency In OFCCP Compliance Activities”

Quick Hit: OFCCP has issued Directive 2018-08 (the “Directive”) which sets forth new policies and procedures for OFCCP compliance evaluations. The Directive contains numerous specific rules and procedures that compliance...more

Troutman Pepper

Federal Contractors Must Comply with New Rules on Sex Bias

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Contractors should be careful not to implement any policies or practices that may have a disparate, adverse impact on one sex unless they are job-related and consistent with business necessity. Originally published in...more

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

Reducing the Risks of Pay Discrimination Claims: Employer Pay Equity Audits

With a proliferation of recent legislative changes and proposed regulatory changes, pay equity is going to be an issue for which employers need to prepare and face head on. Generally speaking, employers may be at risk for pay...more

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