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
Laura A. Mitchell
As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.
In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.
Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.
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…
EEOC Replaces “EEO is the Law” Poster and OFCCP Supplement with “Know Your Rights” Poster
Last week, the EEOC and OFCCP announced the replacement of the “EEO is the Law” poster in favor of a new poster called the “Know Your Rights” poster. Both EEOC and OFCCP have updated their websites accordingly. Importantly, as of the date of this blog post, DOL had not, yet, updated its workplace poster…
OFCCP Continues to Encourage Functional AAPs via Revision 3 to FAAP Directive
Since 2013, OFCCP has revised its Functional Affirmative Action Plan (FAAP) Directive several times, most recently to make it easier for covered federal contractors and subcontractors to obtain its permission to create AAPs by functional unit.
AAP regulations require establishment AAPs but allow for the option to prepare plans by separate “functional units,” provided…
BREAKING NEWS: OFCCP Extends Deadline to October 19 to File Responses to EEO-1 FOIA Notice
OFCCP has announced it is extending the deadline for contractors to respond to the Agency’s August 19, 2022 Notice of Request Under the Freedom of Information Act for Federal Contractors’ Type 2 Consolidated EEO-1 Report Data. The new deadline by which affected contractors need to submit objections is October 19, 2022 to “ensure that Covered…
New OFCCP Guidance on Portal Registration for Higher Education Institutions
OFCCP’s regulations were designed for the typical private sector contractor. As a result, higher educational institutions, particularly colleges and universities, often struggle with fitting their “round pegs” processes into the “square holes” that OFCCP designed. OFCCP’s Contractor Portal is no exception.
The Portal identifies employer establishments based on EEO-1 Reports filed from 2018. But higher…
OFCCP Announces Construction Contract Award Portal
OFCCP announced today it will launch the Notification of Construction Contract Award Portal (NCAP) on August 26, 2022. While the NCAP is not yet live, OFCCP has launched an NCAP informational page with background information. The page will eventually include FAQs, how-to videos, and a User Guide.
The purpose of the NCAP is distinct from…
OFCCP Announces Notice of Widespread Request for Contractors EEO-1 Reports and Opportunity to Object
According to OFCCP, on June 2, 2022, the Center for Investigative Reporting sent OFCCP a request for the disclosure of
. . .Type 2 EEO-1 reports for all federal contractors, including first-tier subcontractors, from 2016-2020….
The Center for Investigative Reporting, and other persons and organizations, have a history of requesting EEO-1 reports for various…
OFCCP Publishes Updated Compensation Directive Clarifying Requirements to Demonstrate Compliance
There has been lot of talk in the months since OFCCP released Directive 2022-01: Advancing Pay Equity Through Compensation Analysis, with the topic of attorney-client privilege being the primary topic of concern. So much so that OFCCP Director Jenny Yang addressed the issue in her remarks last month at the NILG National Conference. Today,…