As directed in the recent controversial Executive Order (EO) 13950– Combatting Race and Gender Stereotyping, OFCCP is publishing in the Federal Register a request for information (RFI) seeking to collect information regarding training materials that may contain “divisive concepts” or promote sex and race stereotyping or scapegoating. The Agency also held a public Stakeholder

As instructed by last week’s Combatting Race and Sex Stereotyping Executive Order, OFCCP has set up a hotline to receive complaints of unlawful stereotyping.  The executive order directs OFCCP to

establish a hotline and investigate complaints received under both this order as well as Executive Order 11246. . .  .

Notably, the hotline is

OFCCP’s most recent CSAL included, for the first time, establishments selected for promotion and accommodation focused reviews.  While the Agency has talked for sometime about initiating these types of focused reviews, there has been little information available to help contractors understand what the reviews will entail.   Today, the agency has provided some, albeit limited,

As reported in today’s Federal Register, OFCCP is seeking regulatory authority to:

  • Require federal contractors to annually certify they have prepared AAPs via an online interface; and,
  • Institute “a secure method” to electronically submit AAPs when contractors are scheduled for an audit.

As we reported nearly a year ago, because OFCCP cannot conduct

As it has done previously, OFCCP announced a three-month (August 27, 2020 to November 27, 2020) national interest exemption from AAP federal contractor obligations for “contracts entered into specifically to provide Hurricane Laura relief.”  The exemption relieves these contractors from the obligations to prepare written AAPs under Executive Order 11246, Section 503 and VEVRAA.

On Monday this week, OFCCP announced user-friendly updates to the National Pre-Award Registry and a new VEVRAA Hiring Benchmark Database.  Both tools appear to make information access easier for federal contractors, as well as individuals with vision challenges.

The Registry is a useful tool for contractors because it identifies contractor AAP locations that have

OFCCP has finalized its rule making to officially confirm the Agency does not, and should not, exert authority over TRICARE providers.  OFCCP first took this position in a proposed rule making in November 2019.  In the final rule, OFCCP concluded it does not have jurisdiction over healthcare providers based solely on TRICARE provider network

As anticipated, but with little fanfare, OFCCP has published a VEVRAA Focused Review landing page.  Much like the page it created for Section 503 Individuals with Disabilities Focused Reviews, the Agency’s veterans technical assistance page provides FAQs and Best Practices.

With the recent approval of the VEVRAA Scheduling Letter and the release of

In the third of three new Directives (Directive (DIR) 2020-04), OFCCP has formalized and clarified the role of the Ombudsman in facilitating resolution of conflict between contractors and OFCCP.

The Ombuds Service Protocol, among other important clarifications to Directive (DIR) 2018–09, states:

The mission of the Ombuds Service is to offer

In the second of the three most recent OFCCP Directives, OFCCP has formalized a pre-referral mediation program “to provide the best opportunity for resolving matters before significant time and resources are spent in the enforcement process,” and prior to referring the case for enforcement to the Office of the Solicitor (SOL).

Directive (DIR) 2020-03