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OFCCP Proposes Burdensome Changes to its Compliance Review Scheduling Letter

FordHarrison·

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 and data at the initial stage of a compliance review. The proposed scheduling

OFCCP Extends Deadline for EEO-1 Data FOIA Objections

Ogletree Deakins·

The Office of Federal Contract Compliance Programs (OFCCP) has extended the deadline for federal contractors and first-tier subcontractors to submit objections to a broad Freedom of Information Act (FOIA) request filed by an investigative reporter.

OFCCP Extends Deadline for Objecting to Proposed Disclosures of EEO-1 Data

Littler·

As outlined in our August 22 Insight , OFCCP announced an intention to produce federal contractors’ Type 2 EEO-1 data in response to a FOIA request from the Center for Investigative Reporting (CIR). Employers were given until September 19, 2022, to file their objections. On September 15, 2022, OFCCP

OFCCP Revises Directive on Federal Contractors’ Compliance with “Pay Equity Audits”

CDF Labor Law LLP·

On March 15, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a Directive regarding OFCCP’s expectations of compliance with the regulatory provisions of 41 CFR 60-2.17(b)(3). The regulations require qualified contractors to implement an equal employment opportunity and affir

OFCCP Advises Educational Institutions to Update Registration Information in Contractor Portal

Ogletree Deakins·

On August 24, 2022, the Office of Federal Contract Compliance Programs (OFCCP) announced that it had updated its guidance for educational institutions with federal contracts and/or subcontracts.

OFCCP Receives Media Request for EEO-1, Type 2 Report Filed by Federal Contractors

FordHarrison·

On August 19, the Federal Register published a Notice that OFCCP received a request under the Freedom of Information Act (FOIA) from the Center for Investigative Reporting (CIR). CIR is seeking all federal prime contractors’ and first-tier subcontractors’ EEO-1 Type 2 Consolidated Reports for the pe

OFCCP Issues 30-Day FOIA Notice to Contractors and Subcontractors

Ogletree Deakins·

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued unpublished notice of a broad Freedom of Information Act (FOIA) that impacts the federal contracting community.

OFCCP Launching Another Online Portal, This Time for Construction Contractors

Ogletree Deakins·

On August 22, 2022, the Office of Federal Contract Compliance Programs (OFCCP) announced it will launch a new online platform whereby “contracting officers, contractors, and applicants seeking federal assistance for construction projects (such as a state [Department of Transportation])” can securely

OFCCP Plans to Disclose Confidential Employer EEO-1 Data: Can Employers Protect Their Information?

Littler·

On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential information that is protected from disclosure pursuant to a statutory exemption.

OFCCP Revises Compensation Analysis Directive But Leaves Questions About Documentation Created Under Attorney-Client Privilege

Littler·

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a revised version of its Directive 2022-01 - Advancing Pay Equity Through Compensation Analysis , which was originally issued on March 15, 2022.

OFCCP Revises "Pay Equity Audits" Directive

FordHarrison·

On August 18, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2022-01 Revision 1 .

Federal Contractor Compliance Certification Deadline Looms

Jones Walker LLP·

With the 2022 EEO-1 deadline having passed on May 17, albeit with a "grace period" extension until June 23, 2022 , yet another deadline looms for federal supply and service contractors and subcontractors: the June 30, 2022 deadline for certifying compliance with your affirmative action obligations.

Workplace Strategies Watercooler: OFCCP’s New Compliance and Enforcement Initiatives

Ogletree Deakins·

In this podcast, Scott Kelly, co-chair of Ogletree Deakins’ Affirmative Action and OFCCP Compliance Practice Group, sits down with Hera Arsen, the firm’s director of content at Workplace Strategies, Ogletree Deakins’ national labor and employment law seminar for human resources professionals and in-

Construction Contractors Seeking to Take Advantage of Infrastructure Bill: Beware of Federal Compliance Obligations

FordHarrison·

Construction contractors are scrambling to secure contracts funded by the $1 trillion Infrastructure Bill signed by President Biden on November 15, 2021. Although lucrative, those contracts come with extensive obligations and stiff penalties for noncompliance. The U.S. Department of Labor’s Office o

OFCCP Identifies 400 Supply & Service Contractor Establishments to be Audited Beginning in June

Littler·

On May 20, 2022, the Office of Federal Contract Compliance Programs (OFCCP) published its FY 2022 Corporate Scheduling Announcement List (CSAL) for supply and service contractors. OFCCP has stated that it will immediately begin to send out scheduling letters to some of the contractors on the new lis

OFCCP Ramps Up Compliance Reviews With Directive 2022-02

Ogletree Deakins·

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) released its second directive of the year, Directive 2022-02, entitled “Effective Compliance Evaluations and Enforcement.”

OFCCP Ramps Up Compliance Reviews With Directive 2022-2

Ogletree Deakins·

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) released its second directive of the year, Directive 2022-02, entitled “Effective Compliance Evaluations and Enforcement.”

OFCCP's Most Recent Directive Signals a Return to Aggressive Black Box Audits

FordHarrison·

On March 31, 2022, OFCCP issued Directive 2022-02, Effective Compliance Evaluations & Enforcement , rescinding four Directives issued during the last Administration:

New OFCCP Directive Increases Employer Burden in Compliance Review Process

Littler·

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a new Directive 2022-02 . Its stated purpose is to provide “transparency on OFCCP’s compliance evaluation policies and expectations for contractors”—but upon review, it appears to be a retreat from the standards of

OFCCP Publishes Slightly Lower VEVRAA Hiring Benchmark for 2022

Ogletree Deakins·

The Office of Federal Contract Compliance Programs (OFCCP) has released its 2022 Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark. The new benchmark, effective March 31, 2022, is 5.5 percent, a decrease from the 2021 benchmark of 5.6 percent. The VEVRAA hiring benchmark wa