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
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.
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
Clarification on OFCCP’s New Compensation Directive 2022-01
Speaking to the Institute For Workplace Equality during its 2022 Annual Summit in Washington D.C., personnel from the U.S. Department of Labor Solicitor’s office (OFCCP’s attorneys) clarified the intent of the Agency’s new Compensation Directive 2022-01. Speaking to conference attendees, Beverly Dankowitz, Associate Solicitor for the Civil Rights and Labor- Management, explained the purpose
EEOC To Permit Short Window of Additional Time for Late EEO-1 Report Submissions
The 2021 EEO-1 Component 1 reporting period is currently underway. Most employers with 100 or more employees (and most federal contractors with 50 or more employees) must submit their 2021 EEO-1 Component 1 Report by Tuesday, May 17, 2022. In past years, for various reasons, the EEOC has extended this deadline to permit additional
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
2021 EEO-1 Data Collection Has Opened
EEOC has announced the opening of the 2021 EEO-1 Component 1 Data Collection platform. The deadline to complete filing this year is May 17, 2022 – giving employers only 5 weeks to complete the reporting. In an e-mail message announcing the opening, the Agency encouraged filers to begin the filing process “as soon as possible.”
New Veteran Hiring Benchmark Released
As it has done annually since its inception, OFCCP has released a new veteran hiring benchmark. Effective March 31, 2022 the new veteran hiring benchmark (the percentage of total hires who are protected veterans that the contractor seeks to hire in the following AAP year) is 5.5%. This is a 0.1% decrease from the
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
BREAKING NEWS: OFCCP Releases New Directive Setting Expectations of Contractors During Compliance Reviews
Directive 2022-02: Effective Compliance Evaluations and Enforcement issued March 31, 2022 is intended to
strengthen OFCCP compliance evaluations and reduce delay by promoting the timely exchange of information
It also sets a number of expectations for contractor conduct and compliance during reviews, rescinding a number of previous Directives that set out transparency and expectations and
OFCCP Releases Notice of Proposed Rulemaking to Rescind Pre-Enforcement Notice and Conciliation Procedures
As anticipated, OFCCP has released its proposal to revise the Agency’s Rule on Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination. The final rule, published in November 2020, codified the used of The Predetermination Notice and the Notice of Violation as part of OFCCP’s enforcement activities.
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