A federal district court has entered a nationwide preliminary injunction stopping the administration from enforcing Executive Order (EO) 13950 - Combating Race and Sex Stereotyping. Santa Cruz Lesbian and Gay Cmty. Ctr., et...more
OFCCP issued today the last of a series of Directives aimed at defining the Agency’s enforcement relationship with federal contractors – this Directive 2021-02 focuses on providing federal contractors “Certainty” when...more
Rounding out the Agency’s efforts to beef up its Technical Assistance Guides (TAGs) for different types of federal contractors, OFCCP recently published a “Small Contractor” TAG. TAGs can be helpful resources for both new and...more
As anticipated, on December 7, 2020, OFCCP published on its Website a lengthy final rule clarifying the religious exemption found at Section 204(3) of Executive Order (EO) 11246 and codified at 41 C.F.R. 60-1.5(a)(5) (the...more
12/8/2020
/ Bostock v Clayton County Georgia ,
Burwell v Hobby Lobby ,
Corporate Counsel ,
Equal Employment Opportunity Commission (EEOC) ,
Espinoza v Montana Department of Revenue ,
Federal Contractors ,
Final Rules ,
Little Sisters of the Poor Saints Peter and Paul Home v Pennsylvania ,
Masterpiece Cakeshop ,
OFCCP ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Discrimination ,
Religious Exemption ,
Subcontractors ,
Trinity Lutheran Church of Columbia Inc. v Comer ,
Wage and Hour
As we previewed last week, OFCCP’s rule codifying procedures for resolving allegations of potential discrimination through the use of a Pre-Determination Notice (PDN) or Notice of Violation (NOV) has been officially published...more
As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of...more
11/10/2020
/ Affordable Care Act ,
Arbitration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Immigration ,
Joe Biden ,
NLRB ,
Sexual Stereotyping ,
STEM
OFCCP has published a final rule formally codifying two notices used by the Agency to resolve potential findings of discrimination: the Predetermination Notice (PDN) and the Notice of Violation. The Rule is the final version...more
As we noted in our August 2019 post, one of OFCCP Director Craig Leen’s priorities has been to update the Agency’s website with assistance materials for contractors – including Technical Assistance Guides (TAGs). OFCCP...more
As directed in the recent controversial Executive Order (EO) 13950– Combatting Race and Gender Stereotyping, OFCCP is publishing in the Federal Register a request for information (RFI) seeking to collect information regarding...more
As promised, OFCCP has released a handful of Frequently Asked Questions (FAQs) addressing the President’s Executive Order Combating Race and Gender Stereotyping (Executive Order 13950).
While limited in nature, the FAQs...more
Following the “Combating Race and Sex Stereotyping” Executive Order (EO), which requires the Office of Federal Contract Compliance Programs (OFCCP) to set up a hotline and investigate complaints of violations, OFCCP has...more
As instructed by last week’s Combatting Race and Sex Stereotyping Executive Order, OFCCP has set up a hotline to receive complaints of unlawful stereotyping. The executive order directs OFCCP to-
"establish a hotline and...more
The “Executive Order on Combating Race and Sex Stereotyping” (EO) covers government contractors and certain grant recipients and seeks to severely limit and curtail the diversity and inclusion, sexual harassment, and related...more
OFCCP’s most recent CSAL included, for the first time, establishments selected for promotion and accommodation focused reviews. While the Agency has talked for sometime about initiating these types of focused reviews, there...more
On September 22, 2020 President Trump issued an Executive Order “on Combating Race and Sex Stereotyping” (“September 22 EO”) covering government contractors and certain grant recipients that outlines what those organizations...more
As reported in today’s Federal Register, OFCCP is seeking regulatory authority to:
•Require federal contractors to annually certify they have prepared AAPs via an online interface; and,
•Institute “a secure method” to...more
As it has done previously, OFCCP announced a three-month (August 27, 2020 to November 27, 2020) national interest exemption from AAP federal contractor obligations for “contracts entered into specifically to provide Hurricane...more
On Monday this week, OFCCP announced user-friendly updates to the National Pre-Award Registry and a new VEVRAA Hiring Benchmark Database. Both tools appear to make information access easier for federal contractors, as well...more
As anticipated OFCCP has started scheduling VEVRAA Focused Reviews, the Agency announced today via e-mail.
The announcement highlighted a number of VEVRAA resources available for contractors, including:...more
During the opening remarks of the 2020 NILG Annual Conference – this year being held virtually as the NILG 2020 Webinar Series – OFCCP Director Craig Leen announced the Agency will initiate VEVRAA Focused Reviews in as little...more
OFCCP has finalized its rule making to officially confirm the Agency does not, and should not, exert authority over TRICARE providers. OFCCP first took this position in a proposed rule making in November 2019. In the final...more
As we previously reported, OFCCP finally received approval of its new scheduling letters – and as a result federal contractors and subcontractors will be required to submit some additional information when selected for a...more
At long last, OMB has finally approved OFCCP’s request to modify its scheduling letters, as well as approve a scheduling letter for VEVRAA Focused Reviews.
At first glance it appears the scheduling letters and itemized...more
When federal contractors share sensitive data – including pay data – with the OFCCP, data security is always a concern. Is your data any less secure during the COVID-19 pandemic as more compliance officers than usual work...more
The National Industry Liaison Group has worked with OFCCP leadership to clarify contractor obligations and OFCCP expectations for compliance reviews that are moving forward during this unprecedented time. The below are in...more