OFCCP has had three heads in the first three months of 2025. Catherine Eschbach, a lawyer formerly with Morgan, Lewis & Bockius LLP, is the newly appointed Director of the Office of Federal Contract Compliance Programs. In...more
Certification requirements for contractors are back in play. As we previously reported, a federal judge issued a nationwide preliminary injunction prohibiting the federal government from enforcing certain portions of...more
3/20/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Compliance ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
First Amendment ,
Preliminary Injunctions ,
Reverse Discrimination ,
Trump Administration
A new complication for wage and hour compliance. In a new Executive Order entitled, “Additional Rescissions of Harmful Executive Orders and Actions,” President Trump rescinded 18 Executive Orders, including Executive Order...more
Did you hear that? It was the other shoe dropping. Approximately one month after President Trump rescinded Executive Order 11246, the Office of Federal Contract Compliance Programs is preparing to reduce its staff by 90...more
The first challenge to President Trump’s Executive Orders targeting Diversity, Equity, and Inclusion in the private sector has resulted in a preliminary injunction. As we previously reported, several organizations filed a...more
2/25/2025
/ Affirmative Action ,
Constitutional Challenges ,
Corporate Counsel ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
First Amendment ,
Preliminary Injunctions ,
Private Sector ,
Separation of Powers ,
Trump Administration
And other changes are afoot.
Michael Schloss has been named Acting Director and Deputy Director of Policy of the Office of Federal Contract Compliance Programs. Mr. Schloss previously served as Director of the Office of...more
2/3/2025
/ Compliance ,
Department of Labor (DOL) ,
EBSA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
DOL’s first step in the dismantling of EO 11246.
As we previously reported, President Trump has rescinded Executive Order 11246, which required federal contractors to comply with a vast regulatory scheme relating to...more
1/27/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Compliance ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Litigation ,
Enforcement ,
Enforcement Actions ,
Executive Orders ,
Federal Contractors ,
Labor Regulations ,
OFCCP ,
Rehabilitation Act ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
President Lyndon B. Johnson signed Executive Order 11246 in 1965. Since then, organizations doing business with the federal government had to affirmatively recruit women and minorities for employment and ensure employment...more
1/23/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Labor (DOL) ,
Diversity ,
Donald Trump ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
OMB ,
Popular ,
Rescission ,
Title VII ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
As we welcome 2025, here are 10 must-read Constangy bulletins and blog posts from 2024, highlighting insights that guided our readers through important legal developments, workplace issues, and the challenges in cybersecurity...more
1/9/2025
/ Anti-Retaliation Provisions ,
Bias ,
Breach Notification Rule ,
Chief Information Security Officer (CISO) ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Trade Commission (FTC) ,
Gramm-Leach-Blilely Act ,
Green Cards ,
Immigration Procedures ,
Minimum Salary ,
NFL ,
NLRB ,
O-1 Aliens of Extraordinary Ability ,
Race Discrimination ,
Racial Bias ,
Retaliation ,
Securities and Exchange Commission (SEC) ,
SolarWinds ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
The Office of Federal Contract Compliance Programs just released another Corporate Scheduling Announcement List, notifying lucky contractors that they will be subject to a compliance evaluation in the future. Regardless of...more
The future of DOL’s administrative law judges is now murky.
When the Office of Federal Contract Compliance Program believes that a contractor has violated affirmative action obligations, its tried-and-true practice for...more
11/25/2024
/ Administrative Law Judge (ALJ) ,
Affirmative Action ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Federal Contractors ,
OFCCP ,
Preliminary Injunctions ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Unconstitutional Condition ,
Wage and Hour
Corporate Scheduling Announcement List identifies 2,000 lucky establishments.
The Office of Federal Contract Compliance Programs issued a Corporate Scheduling Announcement List, which provides advance notice to...more
Objections are due by December 9.
The Office of Federal Contract Compliance Programs announced that it has received additional requests for contractors’ EEO-1 Reports under the Freedom of Information Act. These FOIA...more
As employers continue to grapple with the complexities of Diversity, Equity, and Inclusion (DEI), negative stereotypes and legal challenges persist. This webinar offers practical insights to help organizations transform...more
Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more
9/11/2024
/ Affirmative Action ,
Bias ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Race Discrimination ,
Reverse Discrimination ,
SCOTUS ,
Separation Agreement ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Wage and Hour
Wait, not everything about DEI on the internet is true? For organizations that desire to retain or implement DEI practices, it is vital to address common misperceptions or negative stereotypes about DEI. When DEI policies...more
How prepared is your organization? Since the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, Diversity, Equity and Inclusion policies have faced increased...more
8/23/2024
/ Affirmative Action ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Federal Contractors ,
Human Resources Professionals ,
Mentor-Protege Program ,
Race Discrimination ,
Reverse Discrimination ,
SCOTUS ,
Sex Discrimination ,
Students for Fair Admissions v Harvard College ,
Training
State Attorney General follows through on threat.
Last summer, shortly after the U.S. Supreme Court’s decision in Students for Fair Admissions v. President & Fellows of Harvard and Students for Fair Admissions v....more
7/16/2024
/ Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Hiring & Firing ,
IBM ,
Job Promotions ,
Quotas ,
Race Discrimination ,
Reverse Discrimination ,
State Attorneys General ,
Students for Fair Admissions v Harvard College
Employers are increasingly focusing on Diversity, Equity, and Inclusion, but DEI policies and practices often overlook issues relating to gender identity. This blog post provides suggestions for helping to ensure that...more
New audit list dropped June 7th. The Office of Federal Contract Compliance Programs released a new Corporate Scheduling Announcement List (CSAL). The CSAL is a courtesy notification for contractors that they will be...more
6/10/2024
/ Affirmative Action ,
Audits ,
Compliance ,
Contractor Audits ,
CSALs ,
EEO-1 ,
Equal Pay ,
Federal Contractors ,
OFCCP ,
Recruitment Policies ,
Scheduling Letters ,
Training
Chief Justice Roberts did say, "eliminating race discrimination means eliminating all of it." The United States Court of Appeals for the Eleventh Circuit ruled that a grant program -- which is available only to black females...more
Traditional rules apply to AI, too!
In response to President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the Office of Federal Contract Compliance Programs...more
The Office of Management and Budget updated the federal government’s standards for maintaining, collecting, and presenting information on race and ethnicity. The government’s standards for classifying race and ethnicity...more
The goal drops yet again. The Office of Federal Contract Compliance Programs announced that the new annual hiring benchmark for protected veterans is 5.2 percent. Effective March 31, the benchmark drops from 5.4 percent to...more
BREAKING: OFCCP announces this year's reporting cycle. The Office of Federal Contract Compliance Programs now requires covered contractors to certify on an annual basis that they have affirmative action plans in place. The...more