As scheduled, OFCCP has announced issuance of its final rules implementing the President’s recent Executive Order prohibiting discrimination for on the basis of sexual orientation and gender identity.

As we previously mentioned, OFCCP is releasing the final rule without a public comment period.

The final rules are not yet available for public review.   However, OFCCP has released FAQs which provide insight into the requirements of the final rules, such as the following:

  • The Final Rule will become effective 120 days after publication in the federal register and will apply to federal contracts entered into or modified after that date.
  • The Final Rule will not require contractors to collect any information about applicants’ or employees’ sexual orientation or gender identity.
  • The Final Rule will not require contractors to conduct any data analysis with respect to the sexual orientation or gender identity of their applicants or employees.

We will make sure to provide an update as soon as the Final Rule is available for review.

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Photo of Laura A. Mitchell Laura A. Mitchell

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with…

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.

In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.

Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.