Jenny Yang announced earlier today in a letter to OFCCP stakeholders that she will step down from her position as Director of the OFCCP, effective March 31, 2023. Director Yang will begin a new position as the Deputy Assistant to the President for Racial Justice and Equity at the White House Domestic Policy Council
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 Rescinds Trump-Era Religious Exemption Rule
OFCCP has announced the rescission of the Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption rule adopted in January 2021 by President Donald Trump. The rescission is to be posted in the Federal Register on March 1, 2023.
In November 2021 OFCCP published a proposal to rescind the rule on the basis the
OFCCP Further Extends Deadline to Submit Objections to Release of EEO-1 Data
As yet another update to this ongoing story, OFCCP has again pushed out the date by which contractors can notify OFCCP of their desire to object to production by the Agency of EEO-1 data in response to the Center for Investigative Reporting.
By way of notice on its OFCCP Submitter Notice Response Portal
UPDATE: OFCCP Extends Deadline for Contractors to Confirm Objection to Disclosure of EEO-1 Data
As an update to our report last week, OFCCP has announced an extension of the deadline for contractors to confirm their desire to have their EEO-1 data withheld from production in response to the pending Center for Investigative Reporting FOIA request.
In a statement posted on the FOIA objection portal, OFCCP instructed:
This is a
Breaking News: OFCCP Posts List of Contractors Whose EEO-1 Data Will Be Released on February 8, 2023
In an attempt to give contractors a final opportunity to object to release of their EEO-1 data, OFCCP has posted a list of contractors for whom the Agency will release the reports in response to the FOIA request filed by the Center for Investigative Reporting.
OFCCP’s e-mail message states:
To ensure the accuracy of
EEOC Anticipates Mid-July for 2022 EEO-1 Reporting to Begin
In an update on its EEO-1 Component 1 Data Collection landing page, EEOC announced
“the 2022 EEO-1 Component 1 Data Collection is tentatively scheduled to open in mid-July 2023. Updates regarding the 2022 EEO-1 Component 1 Data Collection, including the opening date, will be posted to www.eeocdata.org/eeo1 as they become available.
Breaking News: OFCCP Publishes New CSAL Audit List
It’s here! OFCCP has finally released the long-awaited latest Courtesy Scheduling Announcement List. As a reminder this is the list of contractors and their establishments that have been selected for upcoming audit by the Agency. This is the second CSAL issued under the leadership of OFCCP Director Jenny Yang.
Per OFCCP, the list comprises 500
OFCCP Notifying Non-Objecting Contractors of Intent to Disclose EEO-1 Data
On the heels of the filing of the Center of Investigative Reporting lawsuit alleging OFCCP is not properly responding to its FOIA request for federal contractor 2016-2022 EEO-1 Type 2 Reports, the Agency is notifying companies for which it does not have a record of an objection, that the Agency intends to release the requested
Breaking News: OFCCP Publishes Proposed Modifications to Audit Scheduling Letter and Itemized Listing
On the eve of the Thanksgiving holiday, OFCCP has published proposed modifications to the Scheduling Letter and accompanying Itemized Listing. The deadline to submit comments on the proposed changes is January 20, 2023.
As a reminder, while OFCCP gives advance notice of audits through the CSAL, a contractor’s audit does not commence until
Center for Investigative Reporting Files Lawsuit Seeking Release of Federal Contractor EEO-1 Reports
As we previously reported, in 2019 Will Evans from The Center for Investigative Reporting (CIR) submitted a FOIA request to OFCCP seeking all Type 2 Consolidated EEO-1 Reports filed by federal contractors from 2016-2020. In response to the request, OFCCP published notice in the Federal Register pursuant to the Freedom of Information Act notifying