Orlando, FL – This year’s National ILG Conference started off in traditional fashion with the presentation of the flag and the National Anthem followed by a touching performance from the Childrens Choir of Orlando.

Attending the conference for a second time in her current capacity, Acting OFCCP Director Michelle Hodge opened the conference with remarks highlighting the conference theme of “Explore. Enable. and Evolve.”

After introducing the national office staff and regional directors, Acting Director hodge turned to discussing OFCCP’s accomplishments under Acting Secretary of Labor Julie Su as the agency is “finding new ways to unleash its power.”

Acting Director Hodge’s list of OFCCP’s accomplishments since last year’s conference include:

As to the “evolve” portion of the conference’s theme, Acting Director Hodge acknowledged the agency must “evolve to keep up with the ever-changing landscape,” recognizing OFCCP will continue to “adapt and grow,” speaking to the Agency’s work on Artificial Intelligence as an example.

Taking a moment to address the proverbial elephant in the room, Acting Director Hodge briefly noted the recent trio of supreme court cases addressing administrative agency deference and authority “does not mean our work stops” and encouraged attendees to attend OFCCP’s enforcement updates and policy workshops to “hear more about how OFCCP is proceeding.”

In the OFCCP Enforcement session to which Acting Director Hodge referred, Bev Dankowitz, Associate Solicitor, Civil Rights & Labor Mangement (CRLM) Division, did in fact spend a few minutes discussing the Agency’s perspective on the impact of the recent legal decisions. With respect to Loper Bright (the case overturning Chevron deference for Agency regulatory interpretation) she stated

OFCCP believes its regulations are squarely within its authority and we will continue to enforce them.

Associate Solicitor Dankowitz did note, however, that the impact of the decisions are “under review” within OFCCP, across the Department of Labor, and beyond.

During the same OFCCP Enforcment session, Jeff Lupardo, also from the CRLM Division, gave an update on recent OFCCP litigation matters. Bob LaJeunesse and David Garber also presented updates on the analytical tools and practices of OFCCP’s enforcement division and Bureau of Expert Services. Acting Director Hodge, in attendance in the audience, provided clarification on the 3-year audit moratorium period formalized in the new Expedited Conciliation Procedures Directive. And a robust discussion of the Agency’s development and use of desk audit tools for its investigations closed out the session.

Acting Director Hodge’s opening remarks and the Agency’s enforcement update book ended a first day of great content at this year’s conference. We can’t wait to see what insights and information Day 2 tomorrow holds for us!

Tags: 2024 National ILG Conference, Acting Director Michelle Hodge, Chevron deference, Loper Bright, National ILG Conference, NILG, OFCCP, Office of Federal Contract Compliance Programs, Pay discrimination
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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.

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