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OFCCP Working on Contractor Certification Program

Following the tone of the preceding days, the 2018 ILG National Conference closed Friday morning with a friendly conversation between Acting Director Craig Leen and NILG Chair Paul McGovern.  The two discussed several of the themes and OFCCP initiatives addressed during the conference: Transparency, certainty and the Rule of Law The Agency’s audit scheduling process Directive 307 and pay … Continue Reading

Only One Item On OFCCP’s Spring Regulatory Agenda: TRICARE

Today, the Trump Administration released its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions, which “reports on the actions administrative agencies plan to issue in the near and long term.” OFCCP has only one item listed on its agenda, entitled “Affirmative Action and Nondiscrimination Obligations of Federal Contractors and Subcontractors: TRICARE and Certain Other Healthcare … Continue Reading

OFCCP Funding to Remain at Same Level

In the new spending bill passed by Congress and approved by President Trump last week, OFCCP will receive essentially the amount of funding as it has in previous years.  As signed by the President, the budget has $103,476,000 allocated to OFCCP, which is comparable to the $103,767,000 for FY2018, and significantly up from the $91 in … Continue Reading

UPDATE: EEOC Clarifies Change to EEO-1 Reporting for Employees at Client Sites

As we recently reported, the instructions for filing current EEO-1 reports includes a change to the reporting requirements for employees working at client sites. Acknowledging confusion surrounding the instruction, EEOC presented the following today during a webinar held for members of the Industry Liaison Group community: It has come to the EEOC’s attention that there may be some … Continue Reading

Changes to EEO-1 Reporting for Employees at Client Sites

As we shared previously, the portal is currently open for EEO-1 Reporting.   In addition to the change in timing of reporting and other administrative items, the EEOC Joint Reporting Commission has made a change to the way employers must report certain types of employees. Employers with employees who “regularly report” to client sites must now report such employees … Continue Reading

New OFCCP Leadership Welcomes Contractor Community During Stakeholder Meetings

This week, newly appointed OFCCP Director Ondray T. Harris, along with Special Advisor, Craig Leen, and Director of Policy, Debra Carr, held a series of meetings with various stakeholder groups from the federal contractor and civil rights communities.  This was the first opportunity for many who regularly work with OFCCP to meet Director Harris and … Continue Reading

VETS-4212 Filing Deadline Extended

VETS has announced a 45-day extension to the 2017 VETS-4212 filing deadline.  The deadline has been extended from September 30, 2017 to November 15, 2017.  In a post on it’s website, VETS stated NOTICE: In order to accommodate the needs of those impacted by Hurricanes Harvey and Irma, Federal contractors who file their VETS-4212 Reports by … Continue Reading

Additional Information for 2017 EEO-1 Reporting

Following the announcement placing the EEO-1 pay data requirement on indefinite hold, the EEO-1 Joint Reporting Committee has clarified open questions regarding the details for 2017 EEO-1 Reports.  In an e-mail sent to report filers, the Committee clarified: The deadline to file EEO-1 reports for 2017 is March 31, 2018; The Reports must be based on a payroll period in … Continue Reading

Update on OFCCP/EEOC Merger

In a recent letter responding to an inquiry regarding the proposed merger between OFCCP and EEOC, Acting OFCCP Director Tom Dowd detailed the regulatory requirements to undertake a merger, which would take effect in 2019.  He also suggested interim alternatives exist to achieve the efficiencies intended by the merger, implying the proposed merger is unlikely to occur. Director Dowd’s letter … Continue Reading

BREAKING NEWS: Pay Data Reporting Obligation Postponed Indefinitely

We have learned the Office of Information Regulatory Affairs (OIRA) has decided to postpone indefinitely effectiveness of the newly created pay data reporting component of the annual EEO-1 report.  In a letter addressed to Acting EEOC Chair, Victoria Lipnic, OIRA explained it has stayed the effectiveness of the new obligation to take time to review data collection … Continue Reading

OFCCP Announces Dates for Contractor Town Hall Meetings

Following up on Interim Director Tom Dowd’s recent commitment for more agency transparency and communication, OFCCP has announced three upcoming town hall meetings.  In its announcement, OFCCP stated the purpose of the town halls were to obtain contractor views and learn about contractor experiences implementing and managing nondiscrimination and equal employment opportunity requirements to allow OFCCP “”to enhance … Continue Reading

Important Clarification Received Regarding 2018 VETS-4212 Filings

It’s that time of year again to start preparing for the annual required VETS-4212 filing. Nothing will change for this year (2017) reporting cycle.  Starting August 1, 2017, contractors will be able to file their 2017 reports through the reporting portal.  Note, anything filed before August 1, 2017 will be recorded as part of the 2016 filing cycle. … Continue Reading

Breaking News: EEOC/OFCCP Proposed Merger Resulting in Unexpected Allies

As we speculated yesterday, the White House’s proposed budget for fiscal year 2018 proposes to merge the Office of Federal Contract Compliance Programs (OFCCP) with the Equal Employment Opportunity Commission (EEOC). In the proposed budget, released this morning, the OFCCP would see its budget reduced from $105 million to approximately $88 million and have its … Continue Reading

Is a Merger of OFCCP and EEOC on the Horizon?

In February 2017, we speculated whether the Trump Administration would eliminate the OFCCP as a possible cost-cutting measure.  The discussion has continued since that time, and has, in the past weeks gathered more interest. The latest on the topic of the Office of Federal Contract Compliance Programs’ (OFCCP) fate stems from a recommendation by the Heritage … Continue Reading

Trump Signs Religious Liberty Executive Order

During a ceremony in the Rose Garden, President Trump signed a much-anticipated “Religious Liberty” executive order.   The Executive Order states it is the policy of the executive branch to vigorously enforce Federal law’s robust protections for religious freedom. The relatively short Executive Order also recognizes that the United States Constitution enshrines and protects the fundamental … Continue Reading

Impact of “Hire American” Executive Order on Federal Contractor Staffing

At a ceremony in Wisconsin this week, President Trump signed yet another executive order, this one entitled, “Buy American and Hire American.” What does this mean for federal contractors?  It’s not exactly clear at this point, but as our colleagues have previously discussed, the “hire American” portion of the President’s latest Executive Order is focused on revamping the H-1B … Continue Reading

It’s Official: Blacklisting Executive Order Revoked

As anticipated, President Trump has put an end to Executive Order 13673 – Fair Pay & Safe Workplaces, also known as the “blacklisting” executive order.  As expected, the President signed legislation disapproving of the Executive Order pursuant to the Congressional Review Act.  He also issued an Executive Order officially revoking the initial authorizing Executive Order signed by … Continue Reading

OFCCP Revises Pay Transparency Nondiscrimination Provision

Pursuant to President Obama’s pay transparency executive order (Executive Order 13665), which amended Executive Order 11246, federal contractors must incorporate the OFCCP-prescribed Pay Transparency Nondiscrimination Provision (PTNP) in employee handbooks (or implement a stand-alone policy) and post it for applicants and employees.  OFCCP recently revised the required provision to include a cite to the regulation (41 C.F.R. … Continue Reading

Trump Administration Sending Mixed Signals about Support of LGBT of Rights

In addition to issues involving the environment, immigration, and national security, the Trump Administration has been in the headlines recently for its stance on matters impacting the LGBT community. As we reported in a late-January, after close deliberation with daughter Ivanka, and son-in-law Jared Kushner, President Trump expressed support for LGBT rights and vowed to leave intact … Continue Reading

Disability Self-ID form approved for another 3 years

As some of you may have noticed, the current OMB approval for the required disability self-identification form expired January 31, 2017.  On the eve of its expiration, OMB approved the form for another three years – until  January 31, 2020. An updated version of the form (in multiple languages) can be found here.  According to OFCCP’s … Continue Reading

President Trump Preserves LGBT Executive Order

The New York Times reported this week President Trump will preserve intact President Obama’s LGBT order (Executive Order 13672) protecting applicants and employees from discrimination on the basis of sexual orientation and gender identity.  As published by the Times, a White House statement provides: President Trump continues to be respectful and supportive of L.G.B.T.Q. rights, just … Continue Reading

Federal Contractors Not the Only Ones with Disability Goals

Federal agencies soon will be required to engage in affirmative outreach for individuals with disabilities. The final rule issued by EEOC on December 30, 2016, will require federal agencies to take steps to increase the number of its employees that are individuals with disabilities beginning in January 2018. This is similar to the affirmative action obligations in … Continue Reading

Will OFCCP bring back Courtesy Scheduling Announcement Letters in 2017?

Happy New Year! As we ring in 2017 and prepare for affirmative action and OFCCP compliance in a Trump administration, many contractors are wondering whether 2017 will bring an OFCCP audit their way. Some may remember in years past around this time OFCCP would send out Courtesy Scheduling Announcement Letters (CSALs) providing advance notification to contractors of … Continue Reading
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