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Federal Contractors Have Until December 9, 2024 To Object To The Release Of Their 2021 EEO-1 Type 2 Reports Under New FOIA...

Real World Impact: Federal contractors have until December 9, 2024 to file written objections to disclosure of their EEO-1 reports by the OFCCP in response to a recent FOIA request....more

OFCCP Soon To Open Portal for Certification of Compliance

Yesterday (March 25, 2024), the U.S. Department of Labor announced that the Office of Federal Contract Compliance Programs (OFCCP) will begin accepting online submissions on April 1 from covered contractors to certify they...more

OFCCP Issues Final Rule Dialing Back Transparency Promised in 2020 Predetermination Notice Regulation

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...more

OFCCP Issues Updated Scheduling Letter: Contractor Concerns Go Unaddressed

On April 18, 2023, the Office of Federal Contract Compliance Programs (OFCCP) issued an updated scheduling letter.  OFCCP rejected the vast majority of the comments submitted by the contractor community in response to the...more

OFCCP Certification Portal Opens March 2023

OFCCP announced yesterday, March 20, 2023, that the Contractor Certification Portal will open in ten days.  Contractors have until June 29, 2023 to certify that they are in compliance with OFCCP’s affirmative action and...more

OFCCP Publishes List Of Contractors Whose EEO-1 Reports Will Be Released And Offers One Last Chance To Object

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...more

OFCCP Proposes Burdensome Changes to its Compliance Review Scheduling Letter

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...more

OFCCP Proposes Dialing Back Transparency and Legal Thresholds in "PDN Rule"

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...more

OFCCP Issues New Pay Equity Directive

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...more

Countdown to OFCCP Compliance Verification: The Who, What, Where, When & Why of the Registration Process

March 30, 2022 is the deadline for federal contractors, including subcontractors, to register in OFCCP’s recently launched Contractor Portal. Beginning March 31, contractors will have until June 30 to verify compliance with...more

OFCCP's Affirmative Action Program Verification Interface Approved

The Office of Management and Budget (OMB) has approved the OFCCP’s Affirmative Action Program Verification Interface (AAP-VI). Although the AAP-VI portal on the OFCCP’s website is not currently live, there is a placeholder...more

And Then There Were 500: The OFCCP Amends its 2020 Supply and Service Scheduling List and Removes All Focused Reviews and...

Employer Update: Tuesday, March 2, 2021, the Office of Federal Contract Compliance Programs (OFCCP) announced that it has revised its Fiscal Year 2020 Supply and Service Scheduling List by removing all establishments that...more

A Systematic Approach: Biden Revokes Trump's EO 13950 and Calls for a "Whole-of-Government" Racial Equity Agenda

Executive Summary: President Biden wasted no time following his inauguration on Wednesday, January 20, 2021, signing over a dozen executive actions, including the Executive Order On Advancing Racial Equity and Support for...more

Unconscious Bias Training Still Permissible Under President Trump's Diversity Training Executive Order

On September 22, 2020, President Trump signed Executive Order 13950, Combating Race and Sex Stereotyping (the “EO”), which indicates that it seeks to “combat offensive and anti-American race and sex stereotyping and...more

What Does President Trump's Executive Order on Combating Race and Sex Stereotyping Mean for Government Contractors?

On September 22, 2020, President Trump signed Executive Order 13950, Combating Race and Sex Stereotyping (the “EO”), which seeks to “combat offensive and anti-American race and sex stereotyping and scapegoating,” and end...more

OFCCP Final Rule – TRICARE Providers Not Subject to OFCCP Jurisdiction

Executive Summary: On July 2, 2020, the Office of Federal Contract Compliance Programs (OFCCP) published a Federal Register Notice of Final Rule amending its regulations under 41 CFR 60 regarding OFCCP jurisdiction over...more

OFCCP Issues Flurry of New Directives for Contractors

Over the last two months, the Department of Labor’s (DOL) Office of Federal Contract and Compliance Programs (OFCCP) issued seven new directives under the OFCCP’s Acting Director and Deputy Director, Craig Leen....more

U.S. DOL Plans to Review Contractor Affirmative Action Certification

On August 3, 2018, the head of the U.S. Department of Labor’s (DOL) contractor enforcement office announced that the DOL intends to identify and audit contractors who fail to certify their affirmative action compliance to the...more

U.S. DOL Announces Two-Year TRICARE Moratorium Extension

On May 18, 2018, the U.S. Department of Labor (DOL) issued a press release announcing an Office of Federal Contract Compliance Programs (OFCCP) Directive that extends by two years the enforcement moratorium pertaining to the...more

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