While its been quite some time since we’ve discussed the issue, it seems we have occasion again to revisit the age-old, yet unresolved, question of whether healthcare providers are covered by federal affirmative action laws and regulations.  The answer to that question has been an ongoing saga in Congress and the courts. The recent history of this topic can be found here and here.

Currently, healthcare providers which have only TRICARE subcontracts as a possible basis for federal contractor status are enjoying a five-year moratorium from OFCCP enforcement of affirmative action laws. That moratorium will expire in May 2019.

A recent amendment to Senate Bill 425 would go further. If passed, the Bill would exempt certain healthcare provider contracts with the Department of Veterans Affairs from coverage under all federal affirmative action laws. Such an exemption would likely have a significant impact on many healthcare providers.  As the Bill is just in its infancy, we will be tracking its progress and any significant developments so check back for updates.

Tags: healthcare industry jurisdiction, OFCCP, Office of Federal Contract Compliance Programs, Senate Bill 425, TRICARE
Print:
Email this postTweet this postLike this postShare this post on LinkedIn
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.

Read more about Laura A. Mitchell
Show more Show less
Related Posts
Revocation of EO 11246 and Prohibition of Certain DEI Practices by the Trump Administration
January 23, 2025
BREAKING NEWS: President Trump Reportedly Revokes Executive Order 11246
January 22, 2025
BREAKING NEWS: President Trump Revokes a Long List of Biden Executive Orders
January 20, 2025