Tag Archives: Office of Federal Contract Compliance Programs

Update on OFCCP/EEOC Merger

In a recent letter responding to an inquiry regarding the proposed merger between OFCCP and EEOC, Acting OFCCP Director Tom Dowd detailed the regulatory requirements to undertake a merger, which would take effect in 2019.  He also suggested interim alternatives exist to achieve the efficiencies intended by the merger, implying the proposed merger is unlikely to occur. Director Dowd’s letter … Continue Reading

OFCCP Announces Dates for Contractor Town Hall Meetings

Following up on Interim Director Tom Dowd’s recent commitment for more agency transparency and communication, OFCCP has announced three upcoming town hall meetings.  In its announcement, OFCCP stated the purpose of the town halls were to obtain contractor views and learn about contractor experiences implementing and managing nondiscrimination and equal employment opportunity requirements to allow OFCCP “”to enhance … Continue Reading

EEOC Update from ILG National Conference

Day two of the 2017 ILG National Conference is in the books.  Conference attendees had a variety of sessions to choose from that covered topics across the spectrum.  The morning, however, kicked-off with a much anticipated keynote address from Acting EEOC Commissioner Victoria Lipnic.  Commission Lipnic spoke at last year’s conference, prior to being appointed Acting … Continue Reading

Greetings from San Antonio – Home of the 2017 ILG National Conference

Hello everyone and welcome to Texas! While activities technically started yesterday with pre-conference sessions and the vendor reception last night, today is the official start of the 2017 ILG National Conference.  The conference kicked-off with a live Mariachi Band and festive dancers in brightly colored traditional outfits – a great welcome to San Antonio for all in attendance. … Continue Reading

What’s on OFCCP’s Agenda?

The short answer to this question is not much, or so it seems. Part of the reason for this is likely the fact we are still awaiting selection of a new OFCCP Director.  Deputy OFCCP Director Thomas M. Dowd currently continues in the position of Acting Director and we’ve not heard any news regarding DOL … Continue Reading

Breaking News: EEOC/OFCCP Proposed Merger Resulting in Unexpected Allies

As we speculated yesterday, the White House’s proposed budget for fiscal year 2018 proposes to merge the Office of Federal Contract Compliance Programs (OFCCP) with the Equal Employment Opportunity Commission (EEOC). In the proposed budget, released this morning, the OFCCP would see its budget reduced from $105 million to approximately $88 million and have its … Continue Reading

Is a Merger of OFCCP and EEOC on the Horizon?

In February 2017, we speculated whether the Trump Administration would eliminate the OFCCP as a possible cost-cutting measure.  The discussion has continued since that time, and has, in the past weeks gathered more interest. The latest on the topic of the Office of Federal Contract Compliance Programs’ (OFCCP) fate stems from a recommendation by the Heritage … Continue Reading

Veteran Hiring Benchmark Reduced – Again

OFCCP has released its revised VEVRAA hiring benchmark for 2017.  The agency has lowered the benchmark to 6.7 percent, down from the previous 6.9 percent mark. As was the case last year, the agency provided guidance for contractors to implement the new benchmark stating: Contractors who adopted the previous year’s national benchmark of 6.9 percent after … Continue Reading

Audit Letters Are In The Mail

As an update to last month’s report that OFCCP has put 800 establishments on notice of upcoming audits, we have learned that as of Friday, March 17, 2017, OFCCP has started sending out letters actually initiating audits. Unlike the courtesy scheduling announcement letters (CSALs) which provide advance notice of an audit, the Scheduling Letters put … Continue Reading

OFCCP Revises Pay Transparency Nondiscrimination Provision

Pursuant to President Obama’s pay transparency executive order (Executive Order 13665), which amended Executive Order 11246, federal contractors must incorporate the OFCCP-prescribed Pay Transparency Nondiscrimination Provision (PTNP) in employee handbooks (or implement a stand-alone policy) and post it for applicants and employees.  OFCCP recently revised the required provision to include a cite to the regulation (41 C.F.R. … Continue Reading

Trump Administration Sending Mixed Signals about Support of LGBT of Rights

In addition to issues involving the environment, immigration, and national security, the Trump Administration has been in the headlines recently for its stance on matters impacting the LGBT community. As we reported in a late-January, after close deliberation with daughter Ivanka, and son-in-law Jared Kushner, President Trump expressed support for LGBT rights and vowed to leave intact … Continue Reading

Update: Additional information on CSALs

As a follow up to our post yesterday, there is additional information available regarding OFCCP’s recent mailing out of courtesy scheduling announcement letters. After a hiatus for the past few years, OFCCP has officially confirmed it has once again sent out CSALs. dated February 17th.  Here are some additional details regarding this wave of notices: OFCCP is characterizing … Continue Reading

BREAKING NEWS: Advance OFCCP Audit Notification Letters Sent Out

It has come to our attention that OFCCP has sent out Courtesy Scheduling Announcement Letters providing contractors with advance notice of upcoming OFCCP audits.  Signed by interim Director Tom Dowd, dated February 17, 2017 and addressed generically to Human Resources Director, the letters provide warning that the establishment listed has been selected for an impending OFCCP compliance … Continue Reading

OFCCP – Here to Stay or Not? Signs Indicate OFCCP Will Survive

With the transition to a new presidential administration well under way, everyone is looking for signs to help predict the future.  Given President Trump’s sweeping executive action, including entering an Executive Order requiring the identification of two regulations to be eliminated for every new regulation proposed, the question of whether the make-up of the federal agencies as we … Continue Reading

Federal Contractors Not the Only Ones with Disability Goals

Federal agencies soon will be required to engage in affirmative outreach for individuals with disabilities. The final rule issued by EEOC on December 30, 2016, will require federal agencies to take steps to increase the number of its employees that are individuals with disabilities beginning in January 2018. This is similar to the affirmative action obligations in … Continue Reading

Will OFCCP bring back Courtesy Scheduling Announcement Letters in 2017?

Happy New Year! As we ring in 2017 and prepare for affirmative action and OFCCP compliance in a Trump administration, many contractors are wondering whether 2017 will bring an OFCCP audit their way. Some may remember in years past around this time OFCCP would send out Courtesy Scheduling Announcement Letters (CSALs) providing advance notification to contractors of … Continue Reading

Who will be the new head of OFCCP in the Trump Administration?

Who will lead the OFCCP under a new Trump administration?  The short is answer is we still don’t know.  As we previously reported, OFCCP Director Pat Shiu left the Agency in the days following the election.  Deputy Director, Tom Dowd, a seasoned OFCCP official, has now taken the reins as the “Interim Acting Director” and … Continue Reading

Complimentary Webinar: What should you do now to prepare for EEO-1 Annual Pay Data Reporting

EEO-1 Annual Pay Data Reporting Has Arrived: What Should Employers Do Now?  As we’ve been reporting, the new EEO-1 reporting rules require employers with 100 or more employees to annually report W-2 earnings, work hours, race/ethnicity and gender for all U.S. employees, separately for each location. First reporting will be on 2017 data. The first … Continue Reading

Complimentary Webinar: It Pays to Be Sick – Discussion of Executive Order 13706

The final regulations for Executive Order 13706 (“Paid Sick Leave for Workers on Federal Contracts”) were published September 30, 2016.  Under the Executive Order and final regulations, paid sick leave obligations will begin with new solicitations and contracts beginning January 1, 2017. Join my colleagues Patricia Pryor and Leslie Stout-Tabackman on October 20, 2016 for a … Continue Reading

Breaking News: Final Pay Data Reporting Report and Paid Sick Leave Regulations Released

On the eve of the end of its fiscal year, the U.S. Department of Labor has released final rules for new EEO-1 Pay Data reporting obligations as well as paid sick leave regulations for federal contractors. EEO-1 Pay Data Reporting As highly anticipated, and a day before the deadline for the 2016 EEO-1 reporting period, EEOC … Continue Reading

OFCCP Report Card: GAO Release Report of Its Review of the Agency

This week the General Accounting Office (GAO) issued a report to the House of Representatives Committee on Education and the Workforce on its recent audit of OFCCP.  The report reviews (1) how the Agency conducts audits; and, (2) the Agency’s outreach assistance and guidance efforts.  The 56-page report – titled “Strengthening Oversight Could Improve Federal Contractor … Continue Reading

‘Tis the Season . . . for EEO-1 & VETS-4212 Reporting

It rolls around each year:  back to school, Labor Day, football season and the September 30th deadline for government reporting.  While next year may bring changes given the proposed  EEO-1 pay report, the filing obligations remained unchanged for this year. Extensions Of note, we suspect the deadlines may not be automatically extended this year as they … Continue Reading
LexBlog