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OFCCP’s First Webinar on its New Contractor Portal Leaves Most Questions Unanswered

On February 1, 2022, the Office of Federal Contract Compliance Programs (OFCCP) presented a webinar on its new contractor portal through which covered contractors are being asked to certify whether they are meeting their...more

Down the Rabbit Hole: A Trip through the OFCCP’s New Contractor Portal

On December 2, 2021 the Office of Federal Contract Compliance Programs (OFCCP) issued an announcement introducing its new contractor portal.  OFCCP describes the portal as a “platform where covered contractors must certify...more

OFCCP Reverses Course, Will Use EEO-1 Pay Data for Investigation, Enforcement

On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP), the Department of Labor sub-agency charged with enforcing affirmative action and non-discrimination requirements imposed on federal contractors...more

Biden Revokes Trump Executive Order on Diversity and Inclusion, Adopts Policies “Advancing Racial Equity” and Extending LGBT...

President Biden signed a flurry of executive orders on January 20, 2021, his first day in office, a number of which rescinded or revised the prior administration’s executive orders and policies with regard to equity in the...more

OFCCP Issues Final Rule Outlining Procedures for Resolving Employment Discrimination

For years, many federal contractors have criticized the Office of Federal Contract Compliance Programs (OFCCP) for misusing statistical methods to support allegations of discrimination against federal contractors and for...more

OFCCP Issues Voluntary Request for Information Regarding Diversity and Inclusion Programs

On October 21, 2020, the Office of Federal Contract Compliance released a Request for Information (RFI) relating to federal contractor and subcontractor training, and the recently issued Executive Order 13950. That order,...more

OFCCP Releases FAQs on Diversity and Inclusion Executive Order

On October 7, 2020, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released Frequently Asked Questions under the recent Executive Order 13950 regarding diversity and inclusion programs...more

OFCCP Issues Final Rule on TRICARE Participation and Covered Health Care Providers

On July 2, 2020, the Office of Federal Contract Compliance Programs (OFCCP) issued a final rule1 amending its regulations to confirm the agency lacks jurisdiction over health care providers whose sole government contract is...more

Leadership Changes in OFCCP’s Future?

Craig Leen’s performance as OFCCP’s director has generally received high marks from the federal contractor community.  Although the agency under Director Leen became much more aggressive with regard to some of its enforcement...more

WPI Labor Day Report 2019

Labor Day became an official federal holiday in 1894. Although the world of employment has obviously changed significantly over the last 125 years, the pace of workplace transformation seems to have accelerated in the past...more

OFCCP Issues Opinion Letter on Whether Pell Grants Trigger Federal Contractor Status for Colleges

In an effort to provide additional compliance assistance resources to contractors, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2019-03 in late 2018. Under this Directive, OFCCP announced...more

Hiring Benchmark for Veteran Affirmative Action Plans Lowered to 5.9%

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced on March 27, 2019, that it is lowering the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark to 5.9...more

OFCCP Continues Efforts to Maximize Efficiency and Increase Transparency with Three New Directives

On November 30, 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued three new directives that it describes as reinforcing OFCCP’s “commitment to fulfilling its enforcement mission with more accountability...more

A More Modern Approach to OFCCP's Functional Affirmative Action Programs?

Generally, federal contractors must develop a written affirmative action program for every physical location with 50 or more employees....more

Something Old, Something New: Contractor Recognition and AAP Verification on the Horizon at OFCCP

On August 24, 2018, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued three new directives, 2018-05, 2018-06, and 2018-07. While directive 2018-05 has received most of the attention...more

OFCCP Reins in Compensation Analysis by Rescinding Directive 307 and Issuing New Guidance

On August 24, 2018, the Office of Federal Contract Compliance Programs (OFCCP) rescinded Directive 307 and its Obama-era procedures for reviewing contractor compensation systems and practices, and replaced it with a new...more

OFCCP Focused Reviews Coming in FY 2019

On August 10, 2018, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new directive, 2018-04, announcing a plan to implement focused reviews of contractors’ compliance with Executive...more

OFCCP Orders Staff to Respect Contractors' Religious Freedoms

On August 10, 2018, Craig Leen, Acting Director of the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), issued a new directive, 2018-03...more

OFCCP Acting Director Promises Clear Guidance and Consistency While Laying out a Program of Carrots and Sticks

In his first two speeches after taking over as Acting Director of the Office of Federal Contract Compliance Programs (OFCCP), Craig Leen emphasized a commitment to the rule of law, promised to provide contractors with clear...more

OFCCP Extends Moratorium on TRICARE Enforcement for Two More Years

On May 18, 2018, the U.S. Office of Federal Contract Compliance Programs (OFCCP) issued a directive ending uncertainty as to whether efforts to audit TRICARE participants will resume in 2019 and signaling an encouraging...more

OFCCP Clarifies Methodology for Contractor Audit Selection

On April 18, 2018, in another step signaling increased transparency for federal contractors, OFCCP issued a release describing its methodology for selecting and scheduling federal contractors for audit in 2018. ...more

New OFCCP Directive on Predetermination Notices Makes it Easier for Contractors to Understand and Address OFCCP Audit Concerns

A Promise of Greater Transparency and Consistency - In recently meeting with the OFCCP’s new leadership, we were pleased to hear that they are committing to increasing transparency and achieving consistency across regional...more

Revised EEO-1 Report – Where Does it Stand?

In the cycle of seasons, July is when an employer’s thoughts turn to the filing of its annual EEO-1 reports. Since 1966, employers with 100 or more employees that are subject to Title VII have been required to annually file...more

Federal Contractors Must Update Disability Self-Identification Forms on February 1, 2017

Federal contractors subject to Section 503 of the Rehabilitation Act of 1973 are required to invite applicants for employment and new hires to identify themselves as individuals with disabilities. Covered contractors are...more

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