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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

Following on the heels of President Biden’s inaugural day revocation of President Trump’s Executive Order on Combatting Race and Sex Stereotyping, OFCCP has officially ceased all activities in connection with enforcement of Executive Order 13950.

Specifically:

  • OFCCP has rescinded the Frequently Asked Questions regarding Executive Order 13950.
  • OFCCP will completely shut down the phone hotline

As part of the many Executive Orders signed his first day in office, President Biden formalized is administration’s commitment to protecting the rights of the LGBTQ+ community by signing an Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.  The Order states:

Every person should be treated

As one of his first actions as President, Joe Biden has issued an executive order overturning the much controversial Executive Order 13950: Combatting Race and Sex Stereotyping.  In addition to additional actions aimed at promoting and ensuring equity, the new Executive Order On Advancing Racial Equity and Support for Underserved Communities Through the Federal

As suspected, it appears imminent that former EEOC Commissioner will be named as Director of OFCCP under newly inaugurated President Joe Biden.  Ms. Yang’s name appears on the list of Department of Labor leadership as Director of OFCCP though no formal announcement has been made by OFCCP.

We will bring additional details as they develop.

As we are preparing for a change in leadership at OFCCP,  the Agency has published its first Section 503 Focused Reviews Annual Report and issued Section 503 Certificates of Merit.  As many are aware, OFCCP Director Craig Leen is passionate about fighting for and protecting the rights of individuals with disabilities and, as such,

Following on the heels of its final rule clarifying the religious exemption found at Section 204(3) of Executive Order (EO) 11246 and codified at 41 C.F.R. 60-1.5(a)(5) (the Exemption), OFCCP this week issued an Opinion Letter addressing the scope of the Exemption. Specifically, the Opinion Letter provides insights on “six possible religious discrimination scenarios.”

As

OFCCP has published a notice in the Federal Register extending the public comment period on its proposal to require federal contractors to submit an annual certification of their AAP compliance.  The new comment deadline is January 28, 2021.  While this notice does not state the reason for the extension, it appears the Agency received

Since it was issued in September 2020, Executive Order 13950 – Combatting Race and Sex Stereotyping has been a source of controversy and criticism.  Speculation as to the fate of the Executive Order in the future Biden/Harris administration has accelerated in recent weeks with talks of rescission and legal challenges.  While we await the ultimate