Beginning December 20, 2021, federal contractors must comply with the federal Fair Chance Act (FCA), which prohibits contractors from inquiring about a job applicant’s criminal background in certain cases in the initial stages of the application process, even as regulatory revisions on the “ban-the-box” law have yet to be released.
Articles Discussing Affirmative Action
OFCCP Unveils Upcoming Regulatory Plans in Recently Released Fall 2021 Agenda
The U.S. Department of Labor, including OFCCP, recently issued its Fall 2021 Regulatory Agenda, which identifies the regulatory goals the Agency would like to achieve during the fiscal year and beyond. While OFCCP may not complete all (or even any) of these goals during the current fiscal year, the Agenda
Down the Rabbit Hole: A Trip through the OFCCP’s New Contractor Portal
It was all very well to say ‘Drink me,’ but the wise little Alice was not going to do that in a hurry. ‘No, I’ll look first,’ she said, ‘and see whether it’s marked “poison” or not’; for […] she had never forgotten that, if you drink much from
Nationwide Injunction Against Federal Contractor Vaccine Mandate
Today, the United States District Court for the Southern District of Georgia issued a nationwide injunction against the enforcement of Executive Order (EO) 14042’s mandate that had ordered federal contractors and subcontractors to require COVID-19 vaccine for most of their employees.
President Biden Resurrects Obama-Era Executive Order on Non-Displacement of Qualified Workers Under Service Contracts
On November 18, 2021, the Biden administration resurrected an executive order first issued by President Obama that the Trump administration had subsequently rescinded.
OFCCP Announces Much Anticipated Details About Its New Contractor Portal
As we reported earlier this year, on August 31, 2021, the Office of Management and Budget (OMB) approved the new system that the Office of Federal Contract Compliance Programs (OFCCP) developed for federal contractors to submit affirmative action programs (AAPs). The new system is designed to provide covered federal contractors
OFCCP Officially Launches Contractor Affirmative Action Verification Interface (AAPVI) Portal
As anticipated, OFCCP has published additional information, including an implementation timeline, for its Affirmative Action Verification Interface (AAPVI) Portal. OFCCP provided the following timeline in its communication to contractors:
On Feb. 1, 2022, contractors may begin registering for access to the portal. OFCCP will also send an e-mail to each
Federal Service Contractors Should Start Preparing Now for New Biden Executive Order “Nondisplacement of Qualified Workers Under Service Contracts”
Through a new Executive Order, President Biden has revived and revamped the Obama-era requirement that successor contractors with Service Contract Act contracts hire their predecessor’s employees.
OFCCP Publishes Proposal to Rescind “Problematic” Trump Administration Religious Exemption Rule
OFCCP has announced a proposal to rescind the Trump-era final rule “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption”. As described in the Proposal:
OFCCP’s proposed rescission would preserve the EO 11246 religious exemption, which would still be available to qualifying contractors. This rescission would ensure that the
The Safer Federal Workforce Task Force Publishes Additional Federal Contractor and Subcontractor Guidance
On September 9, 2021, President Biden signed Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (“Order”), which directed the executive agencies to begin amending federal contracts to require federal contractors to take specific actions to combat COVID-19 and to, in turn, require covered subcontractors to take
Pro Bono Week Podcast – Veterans Consortium: Appellate Work for Veterans
Michael McCabe, Matthew Hank, and Daniel Kim describe Matt and Dan’s work with the Veterans Consortium defending claims for veterans.
Littler attorneys provide pro bono services in a variety of areas, depending on the interests of individual attorneys. The firm values and encourages the community-minded and pro bono efforts
OFCCP Issues Second Construction Contractor Audit List, Increasing Scrutiny of Contractor Compliance
The Office of Federal Contractor Compliance Programs (OFCCP) has long been interested in greater scrutiny of the affirmative action planning (AAP) efforts of contractors performing construction work directly for the federal government or in connection with federally assisted construction projects.
OFCCP Publishes Fiscal Year 2021 Corporate Scheduling Announcement List for Construction Contractors
On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP) published its Corporate Scheduling Announcement List (CSAL) identifying 400 construction federal contractors and federally assisted contractors and subcontractors for fiscal year 2021 (FY 2021), which runs from October 1, 2021, through September 30, 2022.
Updated Census Data Ready for Use for January 1, 2022 AAPs and Beyond
On the eve of the Labor Day weekend, OFCCP notified federal contractors of the availability of updated census data for use in determining the AAP availability of women and minorities: Equal Employment Opportunity Tabulation (EEO Tab). While the data is not 2020 census data, it is based on 2014 through
OFCCP’s Significant Changes for Federal Contractors: AAP Verification Approval and Review of EEO-1 Pay Data
At long last, on August 31, 2021, the Office of Management and Budget (OMB) approved the new system that the Office of Federal Contract Compliance Programs (OFCCP) developed for federal contractors to submit affirmative action programs (AAPs). The Affirmative Action Program Verification Interface (AAP-VI) is designed to provide covered federal
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