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

As anticipated, on December 7, 2020, OFCCP published on its Website a lengthy 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).

The purpose of this final rule is to clarify the contours of the E.O. 11246 religious exemption and the

As we previewed last week, OFCCP’s rule codifying procedures for resolving allegations of potential discrimination through the use of a Pre-Determination Notice (PDN) or Notice of Violation (NOV) has been officially published in the Federal Register.

The main purpose of rule is to codify practices to “provide contractors with greater certainty” about the

As reported in today’s Federal Register, OFCCP is seeking regulatory authority to:

  • Require federal contractors to annually certify they have prepared AAPs via an online interface; and,
  • Institute “a secure method” to electronically submit AAPs when contractors are scheduled for an audit.

As we reported nearly a year ago, because OFCCP cannot conduct

In another installment of the NILG’s 2020 Virtual Conference Webinar Series, OFCCP’s National Policy team presented updates on the Agency’s directives, regulatory activity, policies and procedure developments.

Director of Policy and Program Development, Tina Williams confirmed “the agency has been busy” and walked attendees through the policy developments and upcoming Agency initiatives.  Highlights of

OFCCP has finalized its rule making to officially confirm the Agency does not, and should not, exert authority over TRICARE providers.  OFCCP first took this position in a proposed rule making in November 2019.  In the final rule, OFCCP concluded it does not have jurisdiction over healthcare providers based solely on TRICARE provider network

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

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 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

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