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EEO-1 Filing Deadline Extended

Without much fanfare, the U.S. Equal Employment Opportunity Commission’s EEO-1 Joint Reporting Committee has extended the deadline for filing of this year’s EEO-1 Survey until June 1, 2018. As a result of modifications to the EEO-1 survey, which have subsequently been postponed, employers initially had until March 31, 2018 to file their 2017 survey.  The extension gives employers an … Continue Reading

OFCCP Discloses Audit Scheduling Methodology

In another show of transparency, OFCCP has released a detail description of its process for selecting contractors for audit.  The two-page document walks through, step-by-step, the process OFCCP undertook to identify establishments for the “first release of the FY 2018 Supply and Service scheduling list.”  As the release explains, OFCCP is not required to make … Continue Reading

OFCCP Reduces Veteran Hiring Benchmark

OFCCP has announced the new Veteran Hiring benchmark will be 6.4% effective March 31, 2018.  Affirmative Action Plans in effect until the March 31, 2018 date should utilize the prior year’s benchmark of 6.7%. The benchmark has steadily declined since its inception in 2014 and this year is the fourth reduction of the benchmark since it … Continue Reading

Scheduling Letters Are In the Mail

When the Agency mailed the most recent round of CSALs in February 2018, it reported it would wait until March 19, 2018 to start issuing Scheduling Letters.  True to their word, we have learned that Scheduling Letters have started arriving, at least in some areas of the country. As a reminder, OFCCP sends scheduling letters via certified mail to the … Continue Reading

Public Advocacy Group Sues OFCCP in Connection with EEO-1 FOIA Requests

As we’ve been discussing, now is the time for employers to be filing their annual EEO-1 reports.  Coincidentally, and perhaps not un-intentionally, Public Citizen, a non profit advocacy group is also using this time to sue OFCCP around its practices of withholding information involving employers’ EEO-1 reports. On February 26, Public Citizen filed suit in Washington … Continue Reading

Proposed Budget Seeks to Cut DOL Funds

The highly anticipated proposed budget released today by the White House included expected budget cuts for the U.S. Department of Labor.  While cutting funds for the DOL, the proposed budget did not resurrect the previously raised possible merger of OFCCP and EEOC. The President’s FY2019 Budget for the Department of Labor starts with the following introduction: … Continue Reading

Minimum Wage for Federal Contractors Increased Effective January 1, 2018

Effective January 1, 2018, the minimum wage for federal contractors working on or in connection with contracts covered by Executive Order 13658 will be $10.35/ hour.  The announcement was made via posting in the federal register on September 15, 2017.  The wage rate for tipped employees will also increase to $7.25/hour. This is the third increase … 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

Veteran Hiring Benchmark Reduced – Again

OFCCP has released its revised VEVRAA hiring benchmark for 2017.  The agency has lowered the benchmark to 6.7 percent, down from the previous 6.9 percent mark. As was the case last year, the agency provided guidance for contractors to implement the new benchmark stating: Contractors who adopted the previous year’s national benchmark of 6.9 percent after … Continue Reading

Update: Acosta Confirmation Hearing Pushed Back

The confirmation hearing for new Secretary of Labor nominee, Alexander Acosta, has been pushed back until March 22 to allow him to travel to Nashville with the President.  Its anticipated once the hearing moves forward, the Health, Education, Labor and Pensions Committee, will vote within on Acosta’s confirmation within the following week.  Stay tuned for new developments.… Continue Reading

Confirmation Hearing Set for Secretary of Labor Nominee

The confirmation hearing for President Trump’s second Secretary of Labor nominee, Alex Acosta, has been set for March 15. Acosta was nominated after President Trump’s initial nominee, Andrew Puzder withdrew from consideration following growing controversy. While nothing prevents Acosta’s confirmation hearing from being postponed, as Puzder’s was several times before his eventual withdrawal, there does … Continue Reading

OFCCP Report Card: GAO Release Report of Its Review of the Agency

This week the General Accounting Office (GAO) issued a report to the House of Representatives Committee on Education and the Workforce on its recent audit of OFCCP.  The report reviews (1) how the Agency conducts audits; and, (2) the Agency’s outreach assistance and guidance efforts.  The 56-page report – titled “Strengthening Oversight Could Improve Federal Contractor … Continue Reading

Wyoming Governor Signs Veteran Preference Law

Veterans are continuing to receive support in their quest for employment with Wyoming being the latest state to join the ranks of those permitting a preference to be granted based on veteran status, including spouses of disabled or deceased veterans.  The law will go into effect July 1, 2016. Governor Matt Mead’s signing of the new law coincides … Continue Reading

OFCCP Publishes New FAQs on Veterans Infographic

In August 2015, OFCCP released an infographic designed to assist veterans understand whether or not they were covered under the protections of the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) for affirmative action purposes.  The infographic spawned recent discussions surrounding the implications and interpretations of OFCCP’s definition of a protected veteran. Today, OFCCP published FAQs … Continue Reading

Another EEO-1 Filing Rule Change

As we previously reported, the annual EEO-1 Reporting portal has opened and along with it some changes to the reporting requirements.  Probably the most impactful change is the new requirement that companies may no longer file more than one EEO-1 report for the same address if the North American Industrial Classification System Code (NAICS) is the same … Continue Reading

Veteran Hiring and Veteran Preferences Gaining Steam

This past March, Labor Secretary Thomas Perez issued a News Release announcing the overall unemployment rate for all veterans has dropped for the fourth consecutive year – this is great news. In an effort to assist in the employment of veterans, covered federal contractors are required to set a protected veteran hiring benchmark as part … Continue Reading

It’s Been Six Months Since OFCCP Issued its Revised Scheduling Letter – What Have We Learned?

Since introducing its new scheduling letter in late 2014, OFCCP has made many important changes to enforcement in audits.  From ramped up enforcement of the Agency’s VEVRAA and Section 503 regulations to new and very different ways to investigate pay systems for discrimination, the Agency has fundamentally changed how it conducts compliance reviews.  And it’s … Continue Reading

OFCCP Extends the Comment Period for its Sex Discrimination NPRM

In light of this week’s Supreme Court decision in Young v. United Parcel Service addressing the issue of accommodations and pregnancy discrimination, OFCCP has extended the public comment period for the Agency’s Sex Discrimination Regulation Notice of Proposed Rulemaking.  The public comment period now closes April 14, 2015. By extending the comment period by two … Continue Reading

OFCCP Provides LGBT Resources for Contractors

In response to requests following publication of the final regulations implementing President Obama’s recent Executive Order addressing non-discrimination and affirmative action on the basis of sexual orientation and gender identity, OFCCP has published a directory of resources to assist federal contractors  “around issues relating to creating an inclusive workplace of lesbian, gay, bisexual, and transgender … Continue Reading

OFCCP Releases New Directive on Gender Identity and Sex Discrimination

As Secretary of Labor Thomas Perez recently announced, OFCCP has updated its guidance to “make clear that discrimination on the basis of transgender status is discrimination based on sex” under Title VII and existing case law.  By e-mail Director Patricia Shiu announced the release of Directive 2014-02, the purpose of which is to “clarify that … Continue Reading

OFCCP’s Focus on “Steering” Discrimination Gains Steam

As OFCCP tries to find new ways to attack the “pay gap,” the Agency is focused increasingly on novel and creative methods to uncover alleged pay discrimination.  These “outside the box” investigations look beyond simply pay decisions (starting salary and pay adjustments) and instead examine employee selection processes – such as hiring decisions – and … Continue Reading

Secretary Perez Blogs about Forthcoming Transgender Guidance

As we reported recently, President Obama intends to issue an Executive Order prohibiting sexual orientation and gender identity discrimination by federal contractors.  Also in support of LGBT Pride Month, Secretary of Labor Thomas Perez recently blogged that the DOL is “updating enforcement protocols and anti-discrimination guidance to clarify that [the DOL] provides the full protection … Continue Reading
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