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Home > Federal Law Articles > Affirmative Action > OFCCP

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

OFCCP Jump-Starts the 2024 Fiscal Year With New List of Mega Construction Designees

October 11, 2023 Filed Under: OFCCP

On October 6, 2023—less than a week into its new 2024 fiscal year (FY)—the Office of Federal Contract Compliance Programs (OFCCP) announced a new list of mega construction designees, identifying twelve new construction “megaprojects,” as part of its Mega Construction Project (Megaproject) Program.

The post OFCCP Jump-Starts the 2024 Fiscal

Federal Contractors, Heads Up! New Audits, New Burdens, Less Time to Comply

September 13, 2023 Filed Under: OFCCP

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

BREAKING NEWS: OFCCP Release Audit Scheduling List (CSAL)

September 10, 2023 Filed Under: OFCCP

Jackson Lewis

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

September 10, 2023 Filed Under: OFCCP

Littler

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

September 5, 2023 Filed Under: OFCCP

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.

Breaking News: OFCCP to Start Using Updated Supply and Service Scheduling Letter Immediately

August 27, 2023 Filed Under: OFCCP

Jackson Lewis

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

August 24, 2023 Filed Under: OFCCP

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

August 22, 2023 Filed Under: OFCCP

Jackson Lewis

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

August 20, 2023 Filed Under: OFCCP

Jackson Lewis

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

OFCCP Announces Final PDN Rule

August 3, 2023 Filed Under: OFCCP

Jackson Lewis

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

OFCCP Issues Statement Related to Technical Issues with the OFCCP Contractor Portal

July 4, 2023 Filed Under: OFCCP

Jackson Lewis

The deadline for federal contractors and subcontractors to certify compliance with the affirmative action regulations in the OFCCP Contractor Portal was June 29, 2023.  Leading up to the deadline, many contractors experienced technical issues in registering and certifying on the portal. 

OFCCP released a statement on June 30th stating

OFCCP’s Last-Minute Portal Guidance Changes

June 29, 2023 Filed Under: OFCCP

Two days prior to the 2023 contractor portal certification deadline, the Office of Federal Contract Compliance Programs (OFCCP) updated the certification guidance on its contractor portal frequently asked questions (FAQ) page. The agency did not make a public announcement about the changes, other than changing the “last updated” date at

OFCCP Publishes New Construction Contractor CSAL

June 8, 2023 Filed Under: OFCCP

Jackson Lewis

On June 5, OFCCP released a new Corporate Scheduling Announcement List (CSAL) for construction contractors. The CSAL is the list of construction contractors selected for upcoming audits by the Agency. OFCCP last released a CSAL for construction contractors in 2021.

This CSAL comes on the heels of OFCCP’s Mega Construction


OFCCP Identifies 250 Federal and Federally Assisted Construction Contractors for Compliance Reviews

June 7, 2023 Filed Under: OFCCP

Littler

On June 5, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published its FY 2023 Construction Corporate Scheduling Announcement List (CSAL). The CSAL includes 250 employers that OFCCP has identified as federal or federally assisted construction contractors.

OFCCP’s New CSAL Identifies 250 Construction Contractors and Subcontractors for Compliance Reviews

June 7, 2023 Filed Under: OFCCP

On June 5, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a Corporate Scheduling Announcement List (CSAL) identifying 250 federal and federally assisted construction contractors and subcontractors. OFCCP’s CSAL is a “courtesy notification” to contractors, with a compliance review beginning only upon the establishment location’s receipt of a

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