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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.

President Trump Issues Executive Order Loosening Constraints on Federal Government Contractors’ Workforce Options

Government contractors received a treat for Halloween, as President Trump issued an Executive Order on October 31, 2019 designed to ease the burden on successor contractors to federal service contracts and “to promote economy and efficiency in Federal Government procurement.”

President Trump Revokes Obama-Era Protections for Service Workers

In an Executive Order issued yesterday, President Trump revoked Obama-Era Executive Order 13495, which provided some protection – a right of first refusal for continued employment – to qualified service workers when a government contract was replaced with a new contract and successor contractor at the same location. President Trump’s Executive Order provides no explanation for the revocation, but the move was likely influenced by the new Secretary of Labor, Eugene Scalia.

President Trump EO Revokes Workers’ Right of First Refusal with Successor Service Contract Employers

President Donald Trump signed an executive order on October 31 revoking the obligation of successor government service contract employers to offer their predecessor employers’ employees the right of first refusal in positions for which they are qualified.

Takeaways for College, University, and K-12 Leaders from Recent Harvard Race Discrimination Decision

On October 1, a federal trial court in Massachusetts upheld Harvard University’s use of race in its admissions process against a challenge that the policy discriminates against Asian-American students on the basis of race. The decision followed a long line of U.S. Supreme Court cases holding that colleges and universities may use race as a “plus factor” among many in admissions decisions.

Federal Court in Massachusetts Finds Race May Be an Admission Factor

Executive Summary: The long-awaited decision from a federal judge in Massachusetts was released on September 30, 2019 finding Harvard College’s admissions policy, where in race is considered a limited factor when admitting applicants, is constitutional. On September 30, 2019, Federal District Court Judge Allison D. Burroughs held that Harvard’s admission policy passed constitutional muster because it serves a compelling, permissible and substantial interest in increasing and maintaining student diversity, and the admissions program is narrowly tailored to that purpose.

OFCCP Posts Long-Awaited Technical Assistance Guide for Educational Institutions

On October 11, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published to its website the long-awaited Educational Institutions Technical Assistance Guide (TAG). According to OFCCP, the 80-page TAG, “provides a general overview of contractor obligations specific to Educational Institutions under the equal employment opportunity laws enforced by OFCCP” and can be used “as a self-assessment tool” for educational institutions “to create, review, and update their affirmative action programs.”

OFCCP Seeks to Tweak Disability Self-Identification Form

At a time when the Agency has begun embarking on Section 503 Focused Reviews, OFCCP continues work to prevent discrimination for individuals with disabilities. Last week, as national disability awareness month began, OFCCP quietly published a request to tweak its prescribed disability self-identification form. The revisions seek to streamline the form and provide additional guidance to applicants and employees asked to complete the form seemingly in the hopes of increasing participation.

OFCCP Seeks Comments on Proposed Changes to Disability Self-Identification Form

On October 3, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register proposing changes to the required voluntary self-identification form that all federal contractors and subcontractors use when soliciting disability status from applicants and employees. The current form expires in January of 2020.
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