In 2023, the OFCCP demonstrated renewed vigor in audits, recovering $17.3 million from federal contractors for alleged hiring and compensation discrimination. It also was a year of churn, challenge, and change.
Articles Discussing Affirmative Action
OFCCP Proposes Changes to Construction Contractor Scheduling Letter and Contract Award Notification Requirement Form
On February 26, 2024, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register, seeking to renew and make changes to its construction compliance review scheduling letter and itemized listing, as well as the Construction Contract Award Notification Requirement Form (CC-314).
OFCCP Requests Comments on Monthly Employment Utilization Report on Construction Contractor Employees
On February 23, 2024, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register seeking to reinstate Form CC-257, the Monthly Employment Utilization Report, with changes.
OFCCP to Appeal Adverse EEO-1 Report Disclosure Order
As previously reported, in December 2023, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) was ordered to release the EEO-1 reports of federal contractors it had withheld from production in response to the Center for Investigative Reporting’s Freedom of Information Act (FOIA) request for the records.
The
Federal Contractors Can Soon Anticipate Rules on Pay Transparency and Salary History for Applicants and Employees
On December 4, 2023, the Federal Acquisition Regulation (FAR) Council submitted a proposed rule on “Pay Equity and Transparency in Federal Contracting” to the White House Office of Management and Budget (OMB) for approval. On January 11, 2024, OMB approved the proposal, thus clearing the way for the FAR Council
The Year Ahead 2024: AAP/OFCCP
Welcome to We get work™ and The Year Ahead 2024 podcast series. Covering workplace issues from both subject matter and industry perspectives, the 19 episodes in our series provide both big picture trends and detailed tactics that can help employers achieve their workplace ideal, while remaining real about regulations, compliance challenges, and more in 2024.
OFCCP Taps Ronald Sullivan as the New Southwest and Rocky Mountain (SWARM) Regional Director
Acting OFCCP Director Michelle Hodge announced the new Southwest and Rocky Mountain (SWARM) Regional Director selection in an “Acting Director’s Corner” message e-mailed to stakeholders on January 16, 2024.
The congratulatory announcement detailed now-Regional Director Sullivan’s more than 17-year tenure with OFCCP noting
[g]iven Ronny’s extensive OFCCP
OFCCP to Require Successor Employers to Offer Right of First Refusal to Predecessor Employees Under Service Contract Act
On December 14, 2023, the U.S. Department of Labor issued final regulations requiring the so-called “nondisplacement” of workers performing work on contracts for the federal government under the Service Contract Act (SCA). These regulations implement Executive Order 14055, “Nondisplacement of Qualified Workers Under Service Contracts,” President Biden signed on
Anti-Affirmative Action Organization Challenges Race Considerations in Military Academy Admissions
Continuing its efforts questioning the constitutionality of the use of race in higher education admissions, Students for Fair Admissions (SFFA) has filed a lawsuit in the District of Maryland against the U.S. Naval Academy on October 5, 2023. The lawsuit was filed just months after the U.S. Supreme Court ruled unconstitutional similar programs on June 29, 2023.
Pro Bono Week Podcast – The Veterans Consortium
Littler has a partnership with a firm client through The Veterans Consortium that is focused on helping veterans. David Haase speaks with Littler attorneys Matthew Hank, Neil Alexander, Don Nguyen, Jake Thorn, and Director of The Veterans Consortium’s Discharge Upgrade Program Christie Bhageloe about the work they’ve done through the
OFCCP Jump-Starts the 2024 Fiscal Year With New List of Mega Construction Designees
On October 6, 2023—less than a week into its new 2024 fiscal year (FY)—the Office of Federal Contract Compliance Programs (OFCCP) announced a new list of mega construction designees, identifying twelve new construction “megaprojects,” as part of its Mega Construction Project (Megaproject) Program.
The post OFCCP Jump-Starts the 2024 Fiscal
Federal Contractors, Heads Up! New Audits, New Burdens, Less Time to Comply
On August 25, 2023, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued an Office of Management and Budget-approved, revised Supply and Service Scheduling Letter and Itemized Listing, which is effective through August 31, 2026. OFCCP also issued a new round of Corporate Scheduling Announcement Letters
BREAKING NEWS: OFCCP Release Audit Scheduling List (CSAL)
As has been highly anticipated since the finalization of the Agency’s recently updated Scheduling Letter, OFCCP has released a new list of contractors selected for audit (FY2023 Release 2). The Agency has also published an explanation of the methodology used to select the contractors for review.
Per the Agency’s e-mail
OFCCP Preparing to Scrutinize Federal Contractors’ Use of AI Hiring Tools and Other Technology-based Selection Procedures
On August 24, 2023, the Office of Management and Budget approved a request from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) to revise the “Itemized Listing” that OFCCP uses to collect information from federal contractors that are selected for supply or service audits. Among
OFCCP Announces New Scheduling Letter for Federal Contractors
On August 25, 2023, OFCCP issued a new Scheduling Letter and Itemized Listing (the “Scheduling Letter”) effective the day before publication and applicable to all compliance reviews initiated on or after August 24, 2023.