The most recently authorized version of the National Defense Authorization Act (NDAA) includes a provision that will limit the ability of federal contractors to inquire into the criminal backgrounds of certain potential employees. Beginning in December 2021, the Fair Chance Act will prohibit federal contractors from inquiring about a job applicant’s criminal background in certain
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 Releases Updates to Federal Contractor Compliance Manual
Checking off another of the Agency’s “To Dos”, OFCCP has published revisions and updates to the Federal Contractor Compliance Manual (FCCM). The manual is the Agency’s “instruction manual” providing
guidance for OFCCP’s compliance officers in conducting compliance evaluations and complaint investigations . . .
Revisions to the guide have been promised for years, and
OFCCP Proposes Codification of Procedures for Addressing Alleged Discrimination and Defines Statistical Thresholds
OFCCP has published a Notice of Proposed Rulemaking (NPRM or Proposed Rule) proposing to codify procedures the agency uses to resolve potential violations of the affirmative action laws the agency enforces. If approved, the regulation would significantly clarify (if not alter) both the procedures and substantive rules according to which OFCCP seeks to resolve allegations
EEOC Renews Request to Close Component 2 Pay Data Portal
EEOC has filed another Motion with the court seeking an Order deeming Component 2 pay data collection complete. In its most recent filing, EEOC requests the Court to revisit its previous decision and deem the collection obligation satisfied or, in the alternative, provide clarification “regarding the response rate at which the Court will deem the
OFCCP Officially Reports It Will Not Use EEO-1 Component 2 Pay Data
Via Federal Register notice, OFCCP has officially stated the Agency
will not request, accept, or use Component 2 data, as it does not expect to find significant utility in the data given limited resources and its aggregated nature, but it will continue to receive EEO-1 Component 1 data.
The notice is a welcomed confirmation
OFCCP Submits Proposed Regulation Requiring Issuance of Pre-Determination Notices
In a welcome turn for federal contractors, OFCCP last week submitted a proposed regulation to codify Directive 2018-01 – Use of Predetermination Notices (PDN). The regulation would require OFCCP to issue a Predetermination Notice (PDN) in every audit summarizing the Agency’s preliminary “discrimination” findings before issuing a Notice of Violation (NOV).
Regular issuance of
OFCCP Releases Construction Contractor Technical Assistance Guide
Furthering the Agency’s commitment to providing contractors with ongoing Technical Compliance Assistance, OFCCP has released a Guide to assist construction contractors navigate compliance with their equal employment opportunity obligations. The Construction TAG has been added to OFCCP’s ever-expanding technical assistance landing page.
OFCCP drafted the 157-page guide as a
self-assessment tool to review the
OFCCP Will Investigate Veteran Spouse Treatment During Audits
As Veteran’s Day nears, OFCCP is keeping federal contractors busy reviewing the latest efforts the Agency is undertaking to ensure employers are in compliance with non-discrimination and affirmative action obligations for protected veterans.
In addition to releasing a supplement CSAL list for establishments that have been selected for VEVRAA Focused Reviews, OFCCP also publised
BREAKING NEWS: Veteran Focused Review List Released
As promised, OFCCP has released the list of organizations that have been selected for Vietnam Era Veteran Readjustment Assistance Act (VEVRAA) Focused Reviews. The list is published in OFCCP’s FOIA Library.
Labeled as a supplement to the existing CSAL list, the new listing contains 500 establishments that will be scheduled for
OFCCP Proposes to Formally Withdraw Authority Over TRICARE Employers
As previewed earlier this year, OFCCP is scheduled to publish on November 6, 2019 its proposed rule making addressing jurisdiction for TRICARE contractors and subcontractors. As a reminder, OFCCP has had an audit moratorium in place since 2014 for employers that participate in TRICARE.
The proposed rule making seeks to codify OFCCP’s most recent