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
Articles Discussing Affirmative Action
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.
SCOTUS’ Recent Affirmative Action Decision and the Ripple Effect on DEI and AI-Powered Recruiting Platforms
The recent U.S. Supreme Court decision striking down affirmative action in undergraduate admissions, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199 (the “SFFA Decision,” summarized here) has significant implications for admissions in higher education. However, some are considering whether the High Court’s holding will
Breaking News: OFCCP to Start Using Updated Supply and Service Scheduling Letter Immediately
OFCCP has announced finalization of the Agency’s “updated” Supply and Service Scheduling Letter and Itemized Listing. As a reminder, OFCCP initially proposed significant changes to the letter, which initiates a compliance review for scheduled contractors, in 2022. Following significant public comment, OFCCP published a slightly revised proposed letter earlier
OFCCP Issues Final Rule Dialing Back Transparency Promised in 2020 Predetermination Notice Regulation
Executive Summary: On August 4, 2023, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) published a final rule amending the 2020 pre-enforcement regulations colloquially referred to as the “PDN Rule.” A PDN or a Predetermination Notice is a letter that OFCCP issues to notify contractors, currently undergoing a compliance review, that the agency has identified preliminary indicators of potential discrimination. The PDN provides contractors with an early opportunity to respond prior to OFCCP issuing a Notice of Violation (NOV). The 2020 PDN Rule was hailed by OFCCP as a sign of its commitment to transparency and early, efficient resolution of open audits. While the final rule does not eliminate the requirement that OFCCP issue a PDN, the level of transparency promised and the evidentiary standard for issuing the PDN have been significantly reduced.
Double-Clicking Into OFCCP’s Final PDN Rule
On August 3, the Office of Federal Contract Compliance Programs (OFCCP) published its final Pre-Enforcement Notice and Conciliation Procedures rule in the Federal Register. It will go into effect on September 5, 2023. OFCCP will host an informational session regarding the rule on September 5, 2023.
OFCCP issued this final
OFCCP to Host Briefing on Updated Pre-enforcement Notice (PDN) Rule
As previously reported, on August 4, 2023, OFCCP published a final rule titled “Pre-enforcement Notice and Conciliation Procedures” commonly referred to as the Pre-Determination (PDN) rule. The final rule will go into effect on September 5, 2023. OFCCP announced today it will hold an informational session discussing the new rule
What Employers Should Know About the Supreme Court’s Decision to End Affirmative Action in College Admissions
NILG 2023 National Conference Comes to an End
As all good things must do, the this year’s NILG National Conference has come to a close. As is tradition at this point, the last morning of the conference featured a panel of OFCCP’s Regional Directors, including Diana Sen (Northeast), Carmen Navarro (Midwest), Jane Suhr (Pacific & SWARM), Aida Collins
Day One of the NILG 2023 National Conference Kicks-off In Phoenix, Arizona
Day One of the NILG 2023 National Conference is in full swing. Not deterred by the outdoor temperatures, conference attendees, presenters, vendors and Agency representatives enjoyed a first day’s agenda overflowing with informative sessions where “ideas are nurtured and knowledge is exchanged” as part of this year’s conference theme of
OFCCP Announces Final PDN Rule
As previewed yesterday in OFCCP Interim Director Michelle Hodge’s keynote remarks during the opening day of the NILG 2023 National Conference, OFCCP has released the final rule on “procedures for identifying and remedying discrimination in federal contracting.” Commonly referred to as the PDN rule, the Pre-Enforcement Notice and Conciliation Procedures
The Supreme Court’s Affirmative Action Ruling: 6 Takeaways for Government Contractors
How does the Supreme Court of the United States’ ban on affirmative action in higher education affect government contractors? In short—it doesn’t. Covered federal contractors and subcontractors must continue to comply with their regulatory obligations under Executive Order (EO) 11246, the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), and Section
2023 Mid-Year Report: SCOTUS Decision on Affirmative Action
No matter the month or year, employers can count on one thing, changes in workplace law. Having reached the midway point of the year, 2023 does not look to be an exception.