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Home > Federal Law Articles > Affirmative Action > OFCCP

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

Breaking News: OFCCP Issues First CSAL Under New Leadership

May 20, 2022 | Jackson Lewis Filed Under: OFCCP

Jackson Lewis

Today, OFCCP under new Director Jenny Yang published a 2022 Corporate Scheduling Announcement List (CSAL) identifying those establishments of federal contractors and subcontractors that it will schedule for compliance evaluations – more commonly known as “audits” – over the next year or more.  Included with the new CSAL is OFCCP’s


OFCCP Contractor Portal Update: Agency Launches Bulk Upload Option

May 19, 2022 | Jackson Lewis Filed Under: OFCCP

Jackson Lewis

The June 30, 2022 deadline is quickly approaching for covered supply and service federal contractors and subcontractors to certify in the Contractor Portal they have developed and maintained AAPs.  This week, OFCCP added an option allowing bulk upload and modification of establishments and functional affirmative action plan (FAAP) business units.

Clarification on OFCCP’s New Compensation Directive 2022-01

May 13, 2022 | Jackson Lewis Filed Under: OFCCP

Jackson Lewis

Speaking to the Institute For Workplace Equality during its 2022 Annual Summit in Washington D.C., personnel from the U.S. Department of Labor Solicitor’s office (OFCCP’s attorneys) clarified the intent of the Agency’s new Compensation Directive 2022-01.  Speaking to conference attendees, Beverly Dankowitz, Associate Solicitor for the Civil Rights and Labor-

OFCCP Ramps Up Compliance Reviews With Directive 2022-02

April 14, 2022 | Ogletree Deakins Filed Under: OFCCP

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) released its second directive of the year, Directive 2022-02, entitled “Effective Compliance Evaluations and Enforcement.”

OFCCP Ramps Up Compliance Reviews With Directive 2022-2

April 14, 2022 | Ogletree Deakins Filed Under: OFCCP

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) released its second directive of the year, Directive 2022-02, entitled “Effective Compliance Evaluations and Enforcement.”

OFCCP’s Most Recent Directive Signals a Return to Aggressive Black Box Audits

April 12, 2022 | Ford Harrison Filed Under: OFCCP

On March 31, 2022, OFCCP issued Directive 2022-02, Effective Compliance Evaluations & Enforcement, rescinding four Directives issued during the last Administration:

New OFCCP Directive Increases Employer Burden in Compliance Review Process

April 6, 2022 | Littler Filed Under: OFCCP

Littler

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a new Directive 2022-02.  Its stated purpose is to provide “transparency on OFCCP’s compliance evaluation policies and expectations for contractors”—but upon review, it appears to be a retreat from the standards of transparency, certainty, and efficiency

OFCCP Publishes Slightly Lower VEVRAA Hiring Benchmark for 2022

April 6, 2022 | Ogletree Deakins Filed Under: OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) has released its 2022 Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark. The new benchmark, effective March 31, 2022, is 5.5 percent, a decrease from the 2021 benchmark of 5.6 percent. The VEVRAA hiring benchmark was established in 2014, and this

OFCCP Reverts To Prior Enforcement Methods with New Audit Directive Rescinding Prior Transparency, Certainty Directives

April 4, 2022 | Jackson Lewis Filed Under: OFCCP

Jackson Lewis

OFCCP’s second Directive under the leadership of Director Jenny Yang addresses audit practices and rescinding four Directives issued by former OFCCP Director, Craig Leen.  This Directive comes on the heels of another new Directive 2022-01-Pay Equity Audits and a notice of the Agency’s intention to rescind a Leen-era regulation –

Project Labor Agreements on Large-Scale Federal Construction Projects Required by Executive Order

March 31, 2022 | Jackson Lewis Filed Under: OFCCP

Jackson Lewis

A project labor agreement (PLA) will be required prior to awarding federal construction projects valued at $35 million or more to any construction contractors and subcontractors under the Executive Order on Use of Project Labor Agreements for Federal Construction Projects signed by President Joe Biden while visiting Ironworkers Local 5 in Marlboro, Maryland, in February of 2022. This Order is consistent with Biden’s campaign promise to be the most union-friendly president in U.S. history.

BREAKING NEWS: OFCCP Releases New Directive Setting Expectations of Contractors During Compliance Reviews

March 31, 2022 | Jackson Lewis Filed Under: OFCCP

Jackson Lewis

Directive 2022-02: Effective Compliance Evaluations and Enforcement issued March 31, 2022 is intended to

strengthen OFCCP compliance evaluations and reduce delay by promoting the timely exchange of information

It also sets a number of expectations for contractor conduct and compliance during reviews, rescinding a number of previous Directives that set

OFCCP Proposes Dialing Back Transparency and Legal Thresholds in “PDN Rule”

March 28, 2022 | Ford Harrison Filed Under: OFCCP

On March 21, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a Notice of Proposed Rulemaking (NPRM) dialing back the level of transparency and evidentiary standards for issuing pre-enforcement notices of a violation (NOVs) required by the November 2020 final rule titled Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination. The 2020 Rule, colloquially referred to as “the PDN Rule,” was applauded by the contractor community for its transparency and adherence to legal precedent. 

OFCCP Releases Notice of Proposed Rulemaking to Rescind Pre-Enforcement Notice and Conciliation Procedures

March 22, 2022 | Jackson Lewis Filed Under: OFCCP

Jackson Lewis

As anticipated, OFCCP has released its proposal to revise the Agency’s Rule on Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination.  The final rule, published in November 2020, codified the used of The Predetermination Notice and the Notice of Violation as part of OFCCP’s enforcement

OFCCP Proposes Changes to Pre-enforcement Notice and Conciliation Procedures

March 22, 2022 | Ogletree Deakins Filed Under: OFCCP

On March 21, 2022, the Office of Federal Contract Compliance Programs (OFCCP) announced that it would publish a notice of proposed rulemaking (NPRM), entitled “Pre-enforcement Notice and Conciliation Procedures,” in the Federal Register on March 22, 2022. OFCCP’s proposal would modify a 2020 final rule that had codified various procedures

OFCCP Issues New Pay Equity Directive

March 17, 2022 | Ford Harrison Filed Under: OFCCP

On March 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a new Directive clarifying covered contractors’ obligation to conduct pay equity audits on an annual basis. Quite notably, the OFCCP issued the new Directive on Equal Pay Day. Directive 2022-01, Pay Equity Audits, clarifies OFCCP’s expectations with respect to contractors’ compliance with the regulatory requirement in 41 CFR 60-2.17(b)(3) to perform an in-depth analysis of their total employment process, including their compensation program, to determine whether there are impediments to equal employment opportunity such as gender- or race/ethnicity-based pay disparities.

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