Articles Discussing the OFCCP (Office of Federal Contract Compliance Programs)

On August 19, OFCCP published a Notice in the Federal Register alerting federal contractors that it received a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) seeking all federal prime contractors’ and first-tier subcontractors’ EEO-1 Type 2 Consolidated Reports for the period 2016-2020. On February 2, 2023, OFCCP released a list of contractors whose EEO-1 reports will be released unless they submit written objections no later than 11:59 p.m. EST on February 7, 2023. 

In an attempt to give contractors a final opportunity to object to release of their EEO-1 data, OFCCP has posted a list of contractors for whom the Agency will release the reports in response to the FOIA request filed by the Center for Investigative Reporting.

OFCCP’s e-mail message states:

To

On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a Corporate Scheduling Announcement List (CSAL) identifying 500 establishments of federal supply and service contractors and subcontractors for compliance reviews.

On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published its FY 2023 Corporate Scheduling Announcement List (CSAL) for supply and service contractors. The CSAL includes 452 establishment reviews, 24 Corporate Management Compliance Evaluation reviews, and 24 Functional Affirmative Action Program (FAAP) reviews.

It’s here! OFCCP has finally released the long-awaited latest Courtesy Scheduling Announcement List. As a reminder this is the list of contractors and their establishments that have been selected for upcoming audit by the Agency. This is the second CSAL issued under the leadership of OFCCP Director Jenny Yang.

Per

The Office of Federal Contract Compliance Programs (OFCCP) has proposed changes to the notice, or Scheduling Letter and Itemized Listing, it issues to federal contractors and subcontractors selected for annual compliance evaluations. 

Executive Summary: Just two days before the Thanksgiving holiday, the Office of Federal Contract Compliance Programs (OFCCP) issued a proposed scheduling letter and itemized listing seeking a number of additional documents and data at the initial stage of a compliance review. The proposed scheduling letter and itemized listing were published for public comment on November 21. The OFCCP last revised its scheduling letter and itemized listing in April 2020. This most recent proposal, if approved, will exponentially increase the compliance burden on federal contractors and will ensure that every compliance review is a deep dive into contractors’ EEO practices regardless of whether such a detailed level of review is necessary.

On the eve of the Thanksgiving holiday, OFCCP has published proposed modifications to the Scheduling Letter and accompanying Itemized Listing. The deadline to submit comments on the proposed changes is January 20, 2023.

As a reminder, while OFCCP gives advance notice of audits through the CSAL, a contractor’s audit does

Since 2013, OFCCP has revised its Functional Affirmative Action Plan (FAAP) Directive several times, most recently to make it easier for covered federal contractors and subcontractors to obtain its permission to create AAPs by functional unit. 

AAP regulations require establishment AAPs but allow for the option to prepare plans

The Office of Federal Contract Compliance Programs (OFCCP) has extended the deadline for federal contractors and first-tier subcontractors to submit objections to a broad Freedom of Information Act (FOIA) request filed by an investigative reporter.

OFCCP has announced it is extending the deadline for contractors to respond to the Agency’s August 19, 2022 Notice of Request Under the Freedom of Information Act for Federal Contractors’ Type 2 Consolidated EEO-1 Report Data.  The new deadline by which affected contractors need to submit objections is October 19,

As outlined in our August 22 Insight, OFCCP announced an intention to produce federal contractors’ Type 2 EEO-1 data in response to a FOIA request from the Center for Investigative Reporting (CIR).  Employers were given until September 19, 2022, to file their objections. On September 15, 2022, OFCCP extended

On March 15, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a Directive regarding OFCCP’s expectations of compliance with the regulatory provisions of 41 CFR 60-2.17(b)(3). The regulations require qualified contractors to implement an equal employment opportunity and affirmative action program, which must include an evaluation of whether and where gender, race, or ethnicity-based pay disparities exist. The Directive explained how, during a compliance review, the OFCCP would inquire into a contractor’s compliance, including access to internal pay equity audits. The Directive drew significant criticism because it appeared to claim a right to compel contractors to disclose their pay equity analyses even when potentially protected by the attorney-client or work product privilege.

In response to criticism, on August 18, 2022, the OFCCP issued the revised Directive 2022-01 Revision 1, Advancing Pay Equity Through Compensation Analysis. The revised and reissued Directive aims to update and clarify its guidance on how OFCCP will evaluate federal contractors’ compliance with compensation analysis obligations, including its authority to access and review documentation of required compensation analyses. This Revised Directive makes clear that OFCCP intends to challenge contractors if they rely on privilege objections in refusing to demonstrate compliance, while also acknowledging privilege concerns and giving contractors alternatives for demonstrating compliance with the regulatory provisions when issues of privilege exist. The key points of the Revised Directive are summarized below.

OFCCP’s regulations were designed for the typical private sector contractor.  As a result, higher educational institutions, particularly colleges and universities, often struggle with fitting their “round pegs” processes into the “square holes” that OFCCP designed.  OFCCP’s Contractor Portal is no exception.

The Portal identifies employer establishments based on EEO-1 Reports

On August 24, 2022, the Office of Federal Contract Compliance Programs (OFCCP) announced that it had updated its guidance for educational institutions with federal contracts and/or subcontracts.