Last week, the EEOC and OFCCP announced the replacement of the “EEO is the Law” poster in favor of a new poster called the “Know Your Rights” poster. Both EEOC and OFCCP have updated their websites accordingly. Importantly, as of the date of this blog post, DOL had not, yet, updated its workplace poster
F. Christopher Chrisbens
OFCCP Continues to Encourage Functional AAPs via Revision 3 to FAAP Directive
Since 2013, OFCCP has revised its Functional Affirmative Action Plan (FAAP) Directive several times, most recently to make it easier for covered federal contractors and subcontractors to obtain its permission to create AAPs by functional unit.
AAP regulations require establishment AAPs but allow for the option to prepare plans by separate “functional units,” provided…
OFCCP Announces Construction Contract Award Portal
OFCCP announced today it will launch the Notification of Construction Contract Award Portal (NCAP) on August 26, 2022. While the NCAP is not yet live, OFCCP has launched an NCAP informational page with background information. The page will eventually include FAQs, how-to videos, and a User Guide.
The purpose of the NCAP is distinct from…
OFCCP Announces Notice of Widespread Request for Contractors EEO-1 Reports and Opportunity to Object
According to OFCCP, on June 2, 2022, the Center for Investigative Reporting sent OFCCP a request for the disclosure of
. . .Type 2 EEO-1 reports for all federal contractors, including first-tier subcontractors, from 2016-2020….
The Center for Investigative Reporting, and other persons and organizations, have a history of requesting EEO-1 reports for various…
Breaking News: OFCCP Issues First CSAL Under New Leadership
Today, OFCCP under new Director Jenny Yang published a 2022 Corporate Scheduling Announcement List (CSAL) identifying those establishments of federal contractors and subcontractors that it will schedule for compliance evaluations – more commonly known as “audits” – over the next year or more. Included with the new CSAL is OFCCP’s methodology for selecting contractors for…
OFCCP Contractor Portal Update: Agency Launches Bulk Upload Option
The June 30, 2022 deadline is quickly approaching for covered supply and service federal contractors and subcontractors to certify in the Contractor Portal they have developed and maintained AAPs. This week, OFCCP added an option allowing bulk upload and modification of establishments and functional affirmative action plan (FAAP) business units.
Notably, OFCCP limits this functionality…
Non-Binary Gender Reporting “Option” for 2021 EEO-1 Reports
As we reported the 2021 EEO-1 reporting portal is now open.
More employers are collecting non-binary gender data from employees. The EEOC however, is not authorized to require collection, or reporting, of non-binary employee data. The current EEO-1 reporting form has fields only for the reporting of employee binary gender data. So what are employers…
OFCCP Reverts To Prior Enforcement Methods with New Audit Directive Rescinding Prior Transparency, Certainty Directives
OFCCP’s second Directive under the leadership of Director Jenny Yang addresses audit practices and rescinding four Directives issued by former OFCCP Director, Craig Leen. This Directive comes on the heels of another new Directive 2022-01-Pay Equity Audits and a notice of the Agency’s intention to rescind a Leen-era regulation – Nondiscrimination Obligations of Federal Contractors…
OFCCP Contractor Portal Presents Strategic Opportunity for Higher Education Employers
OFCCP’s contractor portal is new for everyone, and we are all learning how to use it.
But it presents a unique and interesting inflection point for higher education employers.
Let us explain . . .
OFCCP uses EEO-1 reports to identify the scope of potential contractor establishments for audit. Because higher education contractors do…
A Few Tips for Navigating OFCCP Contractor Portal Registration Issues
OFCCP’s Contractor Portal, which will be used for certifying AAP development, as well as for uploading documents and data during a compliance review, opened for registration (not AAP certification) on February 1. If you’ve tried to register as a federal contractor or subcontractor at the OFCCP Contractor Portal, you may have encountered some “challenges.” …