News & Analysis as of

Employment Discrimination Office of Federal Contract Compliance Programs

Whiteford

Client Alert: Avoiding Legal Pitfalls and Risks in Workplace Use of Artificial Intelligence

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Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of...more

Fisher Phillips

Here’s What Federal Contractors Need to Know About the New Expedited Conciliation Procedures

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The federal agency overseeing affirmative action and federal contract compliance recently updated its procedures for expedited conciliation when alleged discriminatory practices are found during compliance evaluations – which...more

DCI Consulting

OFCCP Released New Procedures for Expedited Conciliation

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On July 26th, OFCCP issued Directive 2024-01, which outlines new procedures for expedited conciliation, with the option to enter into an Expedited Resolution Conciliation Agreement (ERCA). Through the expedited conciliation...more

Jackson Lewis P.C.

OFCCP’s Proposal Requiring Construction Companies to Submit Monthly Employment Utilization Report

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The Office of Federal Contract Compliance Programs (OFCCP) has proposed reinstating a monthly reporting requirement for federal construction contractors nearly 30 years after discontinuing it. The proposal requires covered...more

DirectEmployers Association

OFCCP Week In Review: July 2024 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

Mintz - Antitrust Viewpoints

Federal Agencies Take Sweeping Action on AI in Accordance with AI EO — AI: The Washington Report (Part 1 of 2)

President Joe Biden’s October 2023 Executive Order on AI directed agencies to institute a significant number of actions on AI. On April 29, 2024, the White House announced that federal agencies had completed “all of the...more

DirectEmployers Association

OFCCP Week in Review Special Edition | DEAMcon24 Day Two Recap

The following is Part 2 of a 3-Part series reporting on the 26 presentations at the DirectEmployers (“DE”) Annual Meeting & Conference (DEAMcon24) of Members and the public. DE published the first installment on Monday, April...more

Seyfarth Shaw LLP

Department of Labor, Including OFCCP, Continues Work on Guidance and “Promising Practices” Regarding Artificial Intelligence

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The Acting Director of OFCCP and the Solicitor of Labor indicated that they are moving full speed ahead on developing guidance regarding employers’ use of artificial intelligence, and that the Department of Labor is working...more

Littler

2024 OFCCP Certification Cycle Announced

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In 2022 the Office of Federal Contract Compliance Programs (OFCCP) began requiring that federal contractors and subcontractors subject to the affirmative action requirements of Executive Order 11246 annually certify that they...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFCCP Requests Comments on Monthly Employment Utilization Report on Construction Contractor Employees

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

DirectEmployers Association

OFCCP Week In Review: January 2024 #5

Friday, January 19, 2024: Federal Trial Court Dismissed Novel Complaint Alleging Certain Algorithm-Based Applicant Screening Tools Discriminated Based on Race, Age, & Disability - Complaint Sought Class Action Certification...more

DCI Consulting

[Webinar] 2024 Expert Summit for Employment Attorneys - February 28th, 2:30 pm EST

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DCI Consulting is excited to present its second annual Expert Summit for Employment Attorneys. DCI is providing this Expert Summit as a service to the legal community. The webinars that comprise the Expert Summit will focus...more

DirectEmployers Association

DE Under 3: Conservative Activist Group Filed OFCCP Complaints, Alleging Major Airlines' DEI Programs Violated Federal Contracts

Tune into today's DE Under 3 as our employment law experts explore the recent complaint filed with the OFCCP by America First Legal (AFL), a conservative community activist group, alleging that various specified recruitment,...more

Kilpatrick

DOL Increases Focus on Employment Discrimination and Levies Financial Penalties for Federal Government Contractors

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In recent months, the U.S. Department of Labor (“DOL”) has increased its focus on and enforcement of anti-discrimination laws among federal government contractors, announcing large penalties against federal government...more

Seyfarth Shaw LLP

How the Federal Government’s AI Risk Management Practices Will Set the Standard: A Closer Look at Government Action Following...

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Seyfarth Synopsis: Following President Biden’s comprehensive Executive Order on AI, the White House announced the formation of the “US AI Safety Institute” within the Commerce Department’s technology arm, the NIST. The...more

Fisher Phillips

White House Issues Sweeping AI Executive Order: 10 Things Employers Need to Know

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The executive order on artificial intelligence issued by the White House yesterday is the federal government’s most ambitious attempt to date to corral this burgeoning technology – and contains numerous items of interest for...more

DirectEmployers Association

DE Under 3: New Administrative Review Board Decision from March Sets Down New Backpay Calculation in Litigated OFCCP Cases

Tune into today's DE Under 3 as our employment law experts share interesting insights into an Administrative Review Board decision that will affect every litigated OFCCP case involving discrimination. Discover more about the...more

DirectEmployers Association

DE Under 3: OFCCP Discrimination Enforcement Statistics Hit New Lows

Great news for federal contractors and not-so-good news for OFCCP in this week's DE Under 3! In this episode, our experts discuss just how many conciliation agreements were made in FY 2023 as a result of discrimination...more

DirectEmployers Association

What Federal Contractors Need to Know About the OFCCP’s New Audit Scheduling Letter

DirectEmployers held a complimentary 90-minute fast-paced Webinar for the public and its Member Companies discussing OFCCP’s new and controversial audit Scheduling Letter for Supply & Service contractors. Because many of the...more

Trusaic

Title VII Claims: How the Fifth Circuit Decision & EEOC AI Case Impact Employers

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A Fifth Circuit decision in the Federal Court of Appeals has sent shockwaves through employers in Louisiana, Texas, and Mississippi. The “historically conservative and employer-friendly” circuit ruled in favor of the...more

Fisher Phillips

What Construction Employers Need to Know About the EEOC’s New Focus on Discrimination in the Industry

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Construction employers should be mindful of the federal government’s renewed focus on combatting discrimination and harassment in the industry. A recent report from the Equal Employment Opportunity Commission (EEOC)...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your September To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Fisher Phillips

Feds Set to Ratchet Up Pressure With New Audit and Conciliation Procedures for Federal Contractors: What You Need to Do

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The federal agency overseeing affirmative action and federal contract compliance is about to adjust the way it audits federal contractors and conciliates disputes over alleged discriminatory practices – and it might mean a...more

DCI Consulting

Everything You Want to Know about the Revised PDN Final Rule

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Everything You Want to Know about the Revised PDN Final Rule - On August 4, 2023, the Office of Federal Contract Compliance Programs (OFCCP or the agency) published a Final Rule (2023 Rule) titled “Pre-enforcement Notice...more

Jackson Lewis P.C.

Double-Clicking Into OFCCP’s Final PDN Rule

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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...more

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