News & Analysis as of

Discrimination Audits Federal Contractors

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
DCI Consulting

OFCCP Begins Sending Closure Letters Following Secretary’s Order 08-2025

DCI Consulting on

On July 2, 2025, Secretary of Labor Lori Chavez-DeRemer issued Order 08-2025, which outlines the Office of Federal Contract Compliance Programs’ priorities and enforcement actions related to Section 503 of the Rehabilitation...more

Stinson - Government Contracting Matters

OFCCP Proposes Clarifying Evidence Standards, Post-Audit Procedures in Regulations

The Office of Federal Contract Compliance Programs (“OFCCP”) is seeking to codify its current procedures for analyzing statistical evidence of discrimination and communicating with contractors after finding potential...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Through the Veil: OFCCP’s Transparency Results in Even Minor Contractor Violations Being Published by the Agency

Recently, the Office of Federal Contract Compliance Programs (OFCCP) began posting in its Freedom of Information Act (FOIA) Library links to conciliation agreements between the agency and federal contractors that contain only...more

Polsinelli

OFCCP Implements Early Resolution Procedures To Expedite Compliance Audits

Polsinelli on

The Early Resolution Procedures (ERP) Directive (2019-02) appears to be designed to address a long-standing frustration of OFCCP regarding the structure of the compliance audit process: that it is generally limited to a...more

Jackson Lewis P.C.

OFCCP Incentivizes Employers To Choose Early Resolution Of Audits

Jackson Lewis P.C. on

As we reported last Friday, OFCCP has kicked-off 2019 with a band – issuing three directives in a single day. Yesterday we reported on the first of three new Directives OFCCP issued to kick off fiscal year 2019. Today we...more

Littler

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

Littler on

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

Littler

Administrative Law Judge Winnows OFCCP’s Data Request

Littler on

On July 14, 2017, an administrative law judge issued a 43-page set of recommendations and order (“Order”) on the Office of Federal Contract Compliance Programs’ (“OFCCP”) data requests issued to Google, significantly...more

Constangy, Brooks, Smith & Prophete, LLP

Unconfirmed Complaints May Be Enough To Trigger An Early OFCCP Audit

Can a year-old rumor be enough to bring the OFCCP running? One administrative law judge says it can. Judge Lystra Harris recently ruled that, because of an oral complaint of discrimination, Mega Construction Project...more

Proskauer - Government Contractor Compliance...

OFCCP Sues Google, Seeking Pay Data

On January 4, 2017, the Office of Federal Contractor Compliance Programs (OFCCP) sued Google, claiming that the tech giant is illegally withholding information about the compensation it provides its employees.  OFCCP seeks...more

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