Articles Discussing Affirmative Action

OFCCP has finalized its rule making to officially confirm the Agency does not, and should not, exert authority over TRICARE providers.  OFCCP first took this position in a proposed rule making in November 2019.  In the final rule, OFCCP concluded it does not have jurisdiction over healthcare providers based solely

So, it has begun.  The confirmation process for now OFCCP Director Craig Leen‘s move out of OFCCP and into the Inspector General of Office of Personnel Management initiated with a hearing before the full committee of the Department of Homeland Security & Governmental Affairs.  In an unexpected turn of events,

On May 8, 2020, the Office of Management and Budget approved the Office of Federal Contract Compliance Programs’ (OFCCP) updated form for prospective and current employees to voluntarily self-identify as an individual with a disability.

OFCCP announced today it has received approval of a modified Self-Identification form for individuals with disabilities.  One of the biggest changes is the form is now one page, instead of two.

OFCCP requested approval of the modified form from Office of Management and Budget (OMB) last year.

With this approval,

As anticipated, but with little fanfare, OFCCP has published a VEVRAA Focused Review landing page.  Much like the page it created for Section 503 Individuals with Disabilities Focused Reviews, the Agency’s veterans technical assistance page provides FAQs and Best Practices.

With the recent approval of the VEVRAA Scheduling Letter and the

In the third of three new Directives (Directive (DIR) 2020-04), OFCCP has formalized and clarified the role of the Ombudsman in facilitating resolution of conflict between contractors and OFCCP.

The Ombuds Service Protocol, among other important clarifications to Directive (DIR) 2018–09, states:

The mission of the Ombuds Service is to

In the second of the three most recent OFCCP Directives, OFCCP has formalized a pre-referral mediation program “to provide the best opportunity for resolving matters before significant time and resources are spent in the enforcement process,” and prior to referring the case for enforcement to the Office of the Solicitor

In case any of you have been wondering, OFCCP is not slowing down amidst the COVID-19 pandemic.  While the Agency has been thoughtful and reasonable in extending response times for audits and even granting a National Interest Exemption for new contractors helping respond to the pandemic, OFCCP continues to schedule

As we previously reported, OFCCP finally received approval of its new scheduling letters – and as a result federal contractors and subcontractors will be required to submit some additional information when selected for a Department of Labor compliance review.  So, what’s new?  As it turns out, not much.  Most of

At long last, OMB has finally approved OFCCP’s request to modify its scheduling letters, as well as approve a scheduling letter for VEVRAA Focused Reviews.

At first glance it appears the scheduling letters and itemized listings more resemble OFCCP’s current scheduling letters and not the Agency’s initial requested modifications.

Notably,

When federal contractors share sensitive data – including pay data – with the OFCCP, data security is always a concern.  Is your data any less secure during the COVID-19 pandemic as more compliance officers than usual work from home?

Last week, OFCCP addressed this concern with a bulletin entitled, “OFCCP

Consistent with its efforts to encourage federal contractors to consider functional affirmative action plans (FAAPs) as an alternative to establishment AAPs, OFCCP last week issued a bulletin stating it is open for FAAP business.  Because FAAPs require OFCCP approval and updating, OFCCP does not want current circumstances to deter contractors

On Tuesday, February 18, 2020 the National Industry Liaison Group (“NILG”) and the Office of Federal Contract Compliance Programs (“OFCCP”) held a Compensation Roundtable at the US. Department of Labor in Washington D.C.  Director Leen introduced the program by emphasizing the need for advancement of females to higher level management

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.

The CCI