The U.S. Census Bureau is seeking feedback on its plan to implement the White House’s newly adopted statistical standards for race and ethnicity data collection for federal agencies in 2027. Federal agencies must implement...more
On March 28, 2024, the White House unveiled revisions to the federal statistical standards for race and ethnicity data collection for federal agencies, adding a new category and requiring a combined race and ethnicity...more
4/1/2024
/ Biden Administration ,
Comment Period ,
Compliance ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Ethnicity ,
Native American Issues ,
OFCCP ,
OMB ,
Public Agencies ,
Public Employees ,
Reporting Requirements ,
Students for Fair Admissions v Harvard College ,
Tribal Employees
On February 26, 2024, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register, seeking to renew and make changes to its construction compliance review scheduling letter and...more
3/12/2024
/ Affirmative Action ,
Comment Period ,
Construction Contracts ,
Construction Industry ,
Disclosure Requirements ,
Federal Contractors ,
NAICS ,
Notice and Comment ,
OFCCP ,
Proposed Amendments ,
Scheduling Letters ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
On February 15, 2024, the U.S. Department of Labor (DOL) filed a notice of appeal to the Ninth Circuit Court of Appeals, seeking review of a district court ruling that ordered the DOL to release federal contractors’ 2016–2020...more
On February 23, 2024, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register seeking to reinstate Form CC-257, the Monthly Employment Utilization Report, with changes....more
This article is the first part of Ogletree Deakins’ series, “DEI Under Scrutiny,” which examines the evolving employment law landscape for diversity, equity, and inclusion (DEI) initiatives in the United States....more
12/1/2023
/ Affirmative Action ,
Civil Rights Act ,
Discrimination ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Policies ,
Environmental Social & Governance (ESG) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
OFCCP ,
Risk Assessment ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII
How does the Supreme Court of the United States’ ban on affirmative action in higher education affect government contractors? In short—it doesn’t. Covered federal contractors and subcontractors must continue to comply with...more
7/31/2023
/ Affirmative Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Compliance ,
Data Collection ,
Diversity ,
EEO ,
Federal Contractors ,
OFCCP ,
Rehabilitation Act ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Voluntary Self-Audit
On June 29, 2023, the Supreme Court of the United States struck down affirmative action in college admissions, leaving employers to wrestle with the implications of the decision for various diversity, equity, and inclusion...more
7/21/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Comment Period ,
Disparate Impact ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
EEO-1 ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Ethnicity ,
Hiring & Firing ,
OMB ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Working Groups
On January 12, 2023, the U.S. Court of Appeals for the Sixth Circuit upheld most of a district court’s injunction blocking the federal contractor vaccine mandate in Kentucky, Ohio, and Tennessee.
In its decision, the...more
On December 19, 2022, a panel for the U.S. Court of Appeals for the Fifth Circuit affirmed a preliminary injunction blocking enforcement of President Joe Biden’s COVID-19 federal contractor vaccine mandate. The 2-1 panel...more
12/22/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Infectious Diseases ,
OSHA ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
On November 15, 2022, an investigative reporter and a nonprofit news organization sued the U.S. Department of Labor (DOL) under the Freedom of Information Act (FOIA). The investigative reporter previously submitted multiple...more
The Safer Federal Workforce Task Force recently issued updated guidance on the federal contractor vaccine mandate and COVID-19 safety requirements. At least for now, the government is still not taking steps to mandate...more
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...more
On August 31, 2022, the Biden administration updated its Safer Federal Workforce Task Force guidance on the federal contractor COVID-19 vaccine mandate. According to the new guidance, “the Federal Government will take...more
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.”
According to OFCCP,...more
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...more