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Department of Labor Proposes Changes to Federal Contractor Veteran and Disability Regulations

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has published proposed changes to regulations under the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) and Section 503 of the...more

DOL Relaunches Opinion Letter Program Amid Shifting Enforcement Priorities

On June 2, 2025, the Department of Labor (DOL) launched its Opinion Letter program. Opinion Letters are official written responses from the DOL that explain how it would apply statutes and regulations under particular facts...more

EEO-1 Portal Open for Filing May 20, 2025

The EEOC announced the opening of the 2024 EEO-1 Component 1 data collection on May 20, 2025, as anticipated in our previous legal alert on the topic.  With the opening of the portal, covered employers are now able to submit...more

EEOC Submits Proposed 2024 EEO-1 Instructions to OMB

The EEO-1 Report is an annual filing required by the Equal Employment Opportunity Commission (EEOC) that provides a summary of an employer’s workforce demographics. The Report includes information on a company’s workforce...more

Appeals Court Lifts Injunction on DEI Related Executive Orders

On March 14, 2025, a three-judge panel of the Fourth Circuit Court of Appeals, issued an order granting the Trump Administration’s motion to stay enforcement of the District Court’s nationwide preliminary injunction on two...more

New Executive Order Revokes 60-Year Old Executive Order 11246 and Targets "Illegal" DEI Efforts: What This Means for Employers

Real World Impact: On January 21, 2025, on his second day in office, President Trump issued an Executive Order entitled “Ending Illegal Discrimination And Restoring Merit-Based Opportunity” (the “Executive Order”).  The...more

Will the Elimination of Efforts in the Federal Sector to "Build a Workforce That Reflects the Diversity of America" Impact the...

Within days of his second inauguration, President Trump issued a number of Executive Orders. While the impact of his Executive Orders will be seen with time, many employers may be left wondering how the Executive Orders...more

Federal Contractors Have Until December 9, 2024 To Object To The Release Of Their 2021 EEO-1 Type 2 Reports Under New FOIA...

Real World Impact: Federal contractors have until December 9, 2024 to file written objections to disclosure of their EEO-1 reports by the OFCCP in response to a recent FOIA request....more

OFCCP Soon To Open Portal for Certification of Compliance

Yesterday (March 25, 2024), the U.S. Department of Labor announced that the Office of Federal Contract Compliance Programs (OFCCP) will begin accepting online submissions on April 1 from covered contractors to certify they...more

OFCCP Issues Final Rule Dialing Back Transparency Promised in 2020 Predetermination Notice Regulation

Executive Summary: On August 4, 2023, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) published a final rule amending the 2020 pre-enforcement regulations colloquially referred to as the...more

OFCCP Issues Updated Scheduling Letter: Contractor Concerns Go Unaddressed

On April 18, 2023, the Office of Federal Contract Compliance Programs (OFCCP) issued an updated scheduling letter.  OFCCP rejected the vast majority of the comments submitted by the contractor community in response to the...more

OFCCP Certification Portal Opens March 2023

OFCCP announced yesterday, March 20, 2023, that the Contractor Certification Portal will open in ten days.  Contractors have until June 29, 2023 to certify that they are in compliance with OFCCP’s affirmative action and...more

OFCCP Publishes List Of Contractors Whose EEO-1 Reports Will Be Released And Offers One Last Chance To Object

On August 19, OFCCP published a Notice in the Federal Register alerting federal contractors that it received a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) seeking all federal...more

OFCCP Proposes Burdensome Changes to its Compliance Review Scheduling Letter

Executive Summary: Just two days before the Thanksgiving holiday, the Office of Federal Contract Compliance Programs (OFCCP) issued a proposed scheduling letter and itemized listing seeking a number of additional documents...more

OFCCP Proposes Dialing Back Transparency and Legal Thresholds in "PDN Rule"

On March 21, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a Notice of Proposed Rulemaking (NPRM) dialing back the level of transparency and evidentiary standards for issuing pre-enforcement notices...more

OFCCP Issues New Pay Equity Directive

On March 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a new Directive clarifying covered contractors’ obligation to conduct pay equity audits on an annual basis. Quite notably, the OFCCP issued...more

Countdown to OFCCP Compliance Verification: The Who, What, Where, When & Why of the Registration Process

March 30, 2022 is the deadline for federal contractors, including subcontractors, to register in OFCCP’s recently launched Contractor Portal. Beginning March 31, contractors will have until June 30 to verify compliance with...more

11th Circuit Refuses to Stay Federal Contractor Vaccine Injunction During Appeal

On December 17, 2021, the Eleventh Circuit refused to stay a nationwide injunction blocking the federal contractor COVID-19 vaccine mandate from going into effect, pending appeal.  By way of background, on Tuesday, December...more

Federal Contractor Vaccine Mandate Blocked Nationwide

On Tuesday, December 7, 2021, a federal district court in Georgia halted enforcement of the Biden Administration’s federal contractor vaccine mandate in every state. As part of his plan to combat the COVID-19 pandemic,...more

Task Force Guidance Mandates Employees Of Federal Contractors Receive The COVID-19 Vaccine

On September 24, 2021, President Biden’s Safer Federal Workforce Task Force issued guidance for federal contractors and subcontractors regarding mandatory COVID-19 workplace safety protocols (“Guidance”). ...more

Executive Order Mandates Federal Contractors to Implement COVID-19 Safety Protocols

On September 9, 2021, President Biden signed a new Executive Order requiring federal contractors and subcontractors to provide adequate COVID-19 safeguards for individuals working on or in connection with a federal government...more

OFCCP's Affirmative Action Program Verification Interface Approved

The Office of Management and Budget (OMB) has approved the OFCCP’s Affirmative Action Program Verification Interface (AAP-VI). Although the AAP-VI portal on the OFCCP’s website is not currently live, there is a placeholder...more

And Then There Were 500: The OFCCP Amends its 2020 Supply and Service Scheduling List and Removes All Focused Reviews and...

Employer Update: Tuesday, March 2, 2021, the Office of Federal Contract Compliance Programs (OFCCP) announced that it has revised its Fiscal Year 2020 Supply and Service Scheduling List by removing all establishments that...more

Unconscious Bias Training Still Permissible Under President Trump's Diversity Training Executive Order

On September 22, 2020, President Trump signed Executive Order 13950, Combating Race and Sex Stereotyping (the “EO”), which indicates that it seeks to “combat offensive and anti-American race and sex stereotyping and...more

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