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
The Department of Defense has published a Memo and provided the Clause which its contracting agencies are now required to include in new contracts after the November 21, 2020 effective date of Executive Order 13950 –...more
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
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
We have learned that OFCCP has posted a revised version of the most recent CSAL on its website.
Approximately 84 entries have been modified so that some promotion focused reviews have been changed to establishment reviews...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 anticipated, by perhaps earlier than expected, OFCCP has released the next round of anticipated audit. The 2020 CSAL is included in OFCCP’s FOIA website. The list has a total of 2,250 establishments and includes...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
In another installment of the NILG’s 2020 Virtual Conference Webinar Series, OFCCP’s National Policy team presented updates on the Agency’s directives, regulatory activity, policies and procedure developments.
Director of...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
So, it has begun. The confirmation process for now OFCCP Director Craig Leen‘s move out of OFCCP and into the Inspector General of Office of Personnel Management initiated with a hearing before the full committed of the...more
OFCCP announced Friday it has received approval of a modified Self-Identification form for individuals with disabilities. One of the biggest changes is the form is now one page, instead of two...more
As anticipated, but with little fanfare, OFCCP has published a VEVRAA Focused Review landing page. Much like the page it created for Section 503 Individuals with Disabilities Focused Reviews, the Agency’s veterans technical...more
In the third of three new Directives (Directive (DIR) 2020-04), OFCCP has formalized and clarified the role of the Ombudsman in facilitating resolution of conflict between contractors and OFCCP.
The Ombuds Service...more