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Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She is a member of the firm’s Affirmative Action and OFCCP Defense practice group as well as the firm’s Pay Equity Resource Group. She is also on the leadership team for the firm’s Government Contractor Industry Group.

Her practice is focused on representing government and non-government contractors in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. Ms. Mitchell personally oversees the development of hundreds of AAPs each year and is intimately involved in the defense of numerous OFCCP audits. She also spends significant time counseling companies in connection with conducting pay equity analyses as well as government contractor employment obligations.

Ms. Mitchell is the editor and a principal contributor of The Affirmative Action Law Advisor blog and frequently presents on pay equity, affirmative action compliance, OFCCP enforcement trends, and government contractor obligations.

JD Supra Readers Choice Top Author 2018

The National Industry Liaison Group has worked with OFCCP leadership to clarify contractor obligations and OFCCP expectations for compliance reviews that are moving forward during this unprecedented time.  The below are in addition to the National Interest Exemption recently announced by the Agency.

By e-mail, NILG shared OFCCP has informed it of the following protocols

As an update and a clarification to the below post we have learned from EEOC that there is not currently a deadline in place for submission of the 2019 EEO-1 reports.  In fact, EEOC currently does not have authority to collect 2019 EEO-1 Component 1 data.

Since the advent of Component 2 pay data reporting

Although we are about a week from what has historically been the annual deadline for filing 2019 EEO-1 reports, the EEO-1 Portal has yet to open.

That is due, at least in part, to the fact the fact EEOC does not yet have authority to continue to collect Component 1 race or gender data

In a Memorandum issued yesterday, OFCCP has granted a three-month, national interest exemption and waiver from AAP obligations for new federal contracts “entered into specifically to provide Coronavirus relief.”

In summary, the “exemption and waiver extends to all affirmative action obligations of supply and service and construction contracts, and other obligations as specified in” FAR

As part of its overarching effort to provide federal contractors with better compliance assistance, OFCCP announced this week its Town Hall Action Plan, intended to address issues raised by federal contractors during the seven Town Hall meetings it conducted in 2019.   Based on “consistent themes across the Town Hall meetings,” OFCCP has identified a

On Tuesday, February 18, 2020 the National Industry Liaison Group (“NILG”) and the Office of Federal Contract Compliance Programs (“OFCCP”) held a Compensation Roundtable at the US. Department of Labor in Washington D.C.  Director Leen introduced the program by emphasizing the need for advancement of females to higher level management positions, the right to parental

As of today, federal contractors have a new tool for understanding a variety of compliance obligations enforced by the Office of Federal Contract Compliance Programs (“OFCCP”). The Agency has launched a Contractor Compliance Institute (“CCI”) where contractors can take free, on-demand courses on a variety of OFCCP-related topics.

The CCI is designed to help contractors

It seems the end has finally come for at least one part of the pay data reporting story.  Today, Judge Chutkan ordered the EEO-1 Component 2 pay data reporting portal closed.  The closing of the portal signals the end of the required collection of pay data for 2017 and 2018 from eligible employers.

The direction

In a surprising turn of events, the White House has announced today President Trump’s intent to nominate current OFCCP Director Craig Leen to the position of Inspector General of the Office of Personnel Management.

There were not details around timing or potential OFCCP Director candidates provided in the release.  He would need to be confirmed