The Office of Federal Contract Compliance Programs (OFCCP) continues to release policy updates despite its uncertain future. Today the U.S. Department of Labor (DOL) lifted its temporary suspension on enforcement activities...more
On July 1, 2025, OFCCP published in the Federal Register a set of proposals to rescind the regulations implementing Executive Order 11246 and to modify the regulations implementing Section 503 of the Rehabilitation Act and...more
7/2/2025
/ Affirmative Action ,
Americans with Disabilities Act (ADA) ,
Deregulation ,
Disability Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Proposed Rules ,
Regulatory Reform ,
Rehabilitation Act ,
Section 503 ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
Last week, OFCCP Director Eschbach issued a letter to federal contractors inviting them to voluntarily submit information regarding their efforts to comply with Executive Order 14173, “Ending Illegal Discrimination and...more
6/30/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Department of Labor (DOL) ,
Deregulation ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
Federal Contractors ,
Labor Reform ,
OFCCP ,
Regulatory Requirements ,
Reporting Requirements ,
Trump Administration
On May 2, 2025, a federal district court in Washington, DC declined to issue a preliminary injunction blocking provisions of recent Executive Orders (EO 14151, EO 14168, and EO 14173) which are focused on unlawful DEI...more
5/7/2025
/ Constitutional Challenges ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Due Process ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
First Amendment ,
Preliminary Injunctions ,
Regulatory Reform ,
Standing ,
Trump Administration
The U.S. Equal Employment Opportunity Commission (EEOC) has submitted its revised 2024 EEO-1 Component 1 Instruction Booklet and a justification request in support of its requested revisions to the Office of Information and...more
4/28/2025
/ Data Collection ,
Discrimination ,
EEO-1 ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Filing Deadlines ,
Gender Identity ,
Proposed Rules ,
Regulatory Requirements ,
Reporting Requirements
On March 27, 2025, a federal district court in Chicago issued a temporary restraining order (TRO) blocking the Department of Labor from implementing key provisions from two of President Trump’s Executive Orders issued in...more
3/31/2025
/ Appeals ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Funding ,
Government Agencies ,
Preliminary Injunctions ,
TRO
On March 14, 2025, the Fourth Circuit reversed a lower court's nationwide injunction that blocked key portions of President Trump's January 2025 Executive Orders on DEI programs. While the appeal is pending, federal agencies...more
3/17/2025
/ Anti-Discrimination Policies ,
Appeals ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Due Process ,
Enforcement Actions ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Fifth Amendment ,
First Amendment ,
Free Speech ,
Labor Reform ,
Trump Administration
On Friday, February 21, 2025, a federal district court in Maryland issued a preliminary injunction blocking enforcement of several key provisions of the January 2025 executive orders targeting DEI programs. The nationwide...more
2/24/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
First Amendment ,
Preliminary Injunctions ,
Title VII
On January 21, 2025, President Trump issued an Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” ...more
1/23/2025
/ Affirmative Action ,
Civil Rights Act ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Labor Laws ,
Labor Reform ,
OFCCP ,
OMB ,
Trump Administration ,
Whistleblowers
The Trump Administration’s new Executive Order on “gender ideology extremism” signals a dramatic shift in federal policy that will impact workplace policies, benefits, and compliance obligations relating to transgender...more
1/22/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Diversity ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Gender Expression ,
Gender Identity ,
Labor Reform ,
LGBTQ ,
Regulatory Reform ,
Sex Discrimination ,
Title VII ,
Transgender ,
Trump Administration
Seyfarth Synopsis: The Office of Federal Contract Compliance Programs (“OFCCP”) issued its FY 2025 Corporate Scheduling Announcement List (Release 1) (“CSAL”) today. This list provides advance notice of 2,000 compliance...more
The University of Utah and a non-profit organization named "As You Sow" have issued FOIA requests to the Office of Federal Contract Compliance Programs (“OFCCP”) for the 2021 Type 2 Consolidated EEO-1 Reports filed by federal...more
11/8/2024
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
FOIA ,
Gender-Based Pay Discrimination ,
OFCCP ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
On April 29, 2024, the Department of Labor published extensive guidance on the use of artificial intelligence in hiring and employment. While the guidance is addressed to federal contractors, all private-sector employers...more
5/6/2024
/ Artificial Intelligence ,
Bias ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Federal Contractors ,
Hiring & Firing ,
New Guidance ,
OFCCP ,
Risk Management ,
Wage and Hour
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
3/27/2024
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
NLRB ,
OFCCP ,
Risk Management ,
Wage and Hour
Seyfarth Synopsis: Twenty-four hours after the White House marked the 15th Anniversary of the Lilly Ledbetter Fair Pay Act, by announcing a set of actions designed to support equal pay principles for workers of federal...more
2/2/2024
/ Compensation ,
Disclosure Requirements ,
Employment Contract ,
Equal Pay ,
Fair Pay Act ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Lilly Ledbetter ,
OFCCP ,
Proposed Rules ,
Subcontractors ,
Wage and Hour
Seyfarth Synopsis: Earlier this week, the Biden Administration announced actions to support the equal pay principles set forth by Executive Orders 14035 and 14069. These actions will impact federal contractors and...more
1/31/2024
/ Biden Administration ,
Employees ,
Employer Liability Issues ,
Equal Pay ,
Executive Orders ,
Fair Pay Act ,
Federal Contractors ,
Lilly Ledbetter ,
Proposed Rules ,
Salary/Wage History ,
Subcontractors ,
Wage and Hour
Seyfarth Synopsis: Many federal contractors and subcontractors treat their EEO-1 reports as confidential because they contain detailed demographic data and workforce information. A lawsuit brought by the Center for...more
Seyfarth Synopsis: The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) recently revised its Voluntary Self-Identification of Disability Form CC-305 (“Form CC-305”). Federal contractors and...more
On April 17, 2023, the Office of Federal Contract Compliance Programs (“OFCCP”) released the EEO-1 data of 19,277 federal contractors to a reporter named Will Evans with the Center for Investigative Reporting (“CIR”). The...more
Seyfarth Synopsis: The Office of Federal Contract Compliance Programs (“OFCCP”) issued its FY 2023 Corporate Scheduling Announcement List (“CSAL”) today. This list provides advance notice of 500 compliance reviews, which...more
Seyfarth Synopsis. Continuing a multi-year battle over the release of employers’ EEO-1 Reports, the Center for Investigative Reporting (“CIR”) and reporter, Will Evans, have filed a complaint in the Northern District of...more
Seyfarth Synopsis. The Center for Investigative Reporting has issued a FOIA request to the Office of Federal Contract Compliance Programs (“OFCCP”) for all Type 2 Consolidated EEO-1 Reports filed by federal contractors from...more
Seyfarth Synopsis. On Thursday, August 18, the Office of Federal Contract Compliance Programs (“OFCCP”) replaced its Directive 2022-01, entitled “Pay Equity Audits” (effective March 15, 2022, the “March Directive”), with a...more
Seyfarth Synopsis: This week, President Trump issued an Executive Order on "Combating Race and Sex Stereotyping.” The Executive Order will impact federal contractors, federal agencies and federal grant recipients in certain...more
9/24/2020
/ Bias ,
Civil Rights Act ,
Deregulation ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Relations ,
Regulatory Reform ,
Sexual Stereotyping ,
Title VII ,
Trump Administration
Seyfarth Synopsis: This alert provides an update on the impact of COVID-19 on OFCCP audits and jurisdiction, EEO-1 and VETS-4212 filing deadlines. The OFCCP has granted a limited national interest exemption for new COVID-19...more