So, it has begun. The confirmation process for now OFCCP Director Craig Leen‘s move out of OFCCP and into the Inspector General of Office of Personnel Management initiated with a hearing before the full committee of the Department of Homeland Security & Governmental Affairs. In an unexpected turn of events, Director Leen was nominated
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 Receives Approval of Modified Section 503 Disability Self-ID Form
OFCCP announced today it has received approval of a modified Self-Identification form for individuals with disabilities. One of the biggest changes is the form is now one page, instead of two.
OFCCP requested approval of the modified form from Office of Management and Budget (OMB) last year.
With this approval, OFCCP is giving contractors
BREAKING NEWS: No EEO-1 Reporting in 2020
EEOC has announced there will be no EEO-1 reporting obligation in 2020.
In a press release, EEOC acknowledged it
will delay the anticipated opening of the 2019 EEO-1 Component 1 data collection and the 2020 EEO-3 and EEO-5 data collections because of the Coronavirus Disease 2019 (COVID-19) public health emergency.
The announcement stated that
OFCCP Posts Guidance on Upcoming Veteran Focused Reviews
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
OFCCP Issues Ombuds Service Protocol Detailing the Role of the Ombudsman
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
OFCCP Formalizes a Neutral Mediation Program to Address Discrimination Allegations
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).
Another Year, Another Reduced Veteran Hiring Benchmark
Under 41 CFR 60-300.45, OFCCP must publish the “national percentage of veterans in the civilian labor force” for contractors to use as a “hiring benchmark.” OFCCP’s initial veteran hiring benchmark (in 2014) was 7.2% . Every year since, this percentage of available veterans has decreased. This year, the veteran hiring benchmark
OFCCP Releases New Directives to Improve the Enforcement Experience, Including a Commitment to Increase Efficiency In Audits
In case any of you have been wondering, OFCCP is not slowing down amidst the COVID-19 pandemic. While the Agency has been thoughtful and reasonable in extending response times for audits and even granting a National Interest Exemption for new contractors helping respond to the pandemic, OFCCP continues to schedule new audits, now with newly
OFCCP’s New Scheduling Letters Result in Few Changes for Contractors
As we previously reported, OFCCP finally received approval of its new scheduling letters – and as a result federal contractors and subcontractors will be required to submit some additional information when selected for a Department of Labor compliance review. So, what’s new? As it turns out, not much. Most of the most significant changes
New OFCCP Scheduling Letters Finally Approved
At long last, OMB has finally approved OFCCP’s request to modify its scheduling letters, as well as approve a scheduling letter for VEVRAA Focused Reviews.
At first glance it appears the scheduling letters and itemized listings more resemble OFCCP’s current scheduling letters and not the Agency’s initial requested modifications.
Notably, the question