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OFCCP Creates New Online “School” for Federal Contractors

As of today, federal contractors have a new tool for understanding a variety of compliance obligations enforced by the Office of Federal Contract Compliance Programs (“OFCCP”). The Agency has launched a Contractor Compliance Institute (“CCI”) where contractors can take free, on-demand courses on a variety of OFCCP-related topics.

A Guide to Labor and Employment Obligations for Federal Contractors

Companies doing business with the federal government must comply with a litany of complex laws and regulations that affect their day-to-day business operations.

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 efforts, Leen’s focus on transparency, certainty, efficiency, and recognition represented a significant change in the agency’s approach and substantially improved relationships with employers, while at the same time resulting in record recoveries for alleged victims of discrimination in the workplace.

BREAKING NEWS: Craig Leen to be Nominated for Role As Inspector General of Office of Personnel Management

In a surprising turn of events, the White House has announced today President Trump’s intent to nominate current OFCCP Director Craig Leen to the position of Inspector General of the Office of Personnel Management.

Diving into OFCCP’s Construction Contractor Technical Assistance Guide

The recently updated Construction Contractors Technical Assistance Guide (“TAG”) provides construction contractors substantial guidance in understanding their AAP obligations and how to fulfill those obligations. Helpfully, the TAG addresses both technical compliance as well as best practices to achieve the spirit of the relevant statutes.

Checking In On EEO-1 Reporting

While it feels like we just finished the EEO-1 reporting season, the time is here again to start preparing for filing of the “traditional” annual EEO-1 survey. As it has for years, EEOC will again this year look to collect race and gender data from eligible employers. Component 1 of the EEO-1 (not to be confused with the controversial and litigation-embroiled pay data Component 2) is currently due to be filed with the EEOC by March 31, 2020. However, the EEO-1 reporting portal is not yet opened.

OFCCP Proposes Codification of Procedures for Addressing Alleged Discrimination and Defines Statistical Thresholds

OFCCP has published a Notice of Proposed Rulemaking (NPRM or Proposed Rule) proposing to codify procedures the agency uses to resolve potential violations of the affirmative action laws the agency enforces. If approved, the regulation would significantly clarify (if not alter) both the procedures and substantive rules according to which OFCCP seeks to resolve allegations of discrimination in employment decisions, including pay practices.

New Federal Fair Chance Act Applies to Federal Contractors and Agencies

On December 20, 2020, the president signed legislation, the National Defense Authorization Act (NDAA) for Fiscal Year 2020, which includes the federal Fair Chance Act (“the Act”).

OFCCP Submits Proposed Regulation Requiring Issuance of Pre-Determination Notices

In a welcome turn for federal contractors, OFCCP last week submitted a proposed regulation to codify Directive 2018-01 – Use of Predetermination Notices (PDN). The regulation would require OFCCP to issue a Predetermination Notice (PDN) in every audit summarizing the Agency’s preliminary “discrimination” findings before issuing a Notice of Violation (NOV).

OFCCP Proposes to Formally Withdraw Authority Over TRICARE Employers

As previewed earlier this year, OFCCP is scheduled to publish on November 6, 2019 its proposed rule making addressing jurisdiction for TRICARE contractors and subcontractors. As a reminder, OFCCP has had an audit moratorium in place since 2014 for employers that participate in TRICARE.
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