While it feels like we just finished the EEO-1 reporting season, the time is here again to start preparing for filing of the “traditional” annual EEO-1 survey. As it has for years, EEOC will again this year look to collect race and gender data from eligible employers. Component 1 of the EEO-1 (not to be
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Ban-the-Box Law Limits Criminal Background Inquiries by Federal Contractors Beginning in December 2021
The most recently authorized version of the National Defense Authorization Act (NDAA) includes a provision that will limit the ability of federal contractors to inquire into the criminal backgrounds of certain potential employees. Beginning in December 2021, the Fair Chance Act will prohibit federal contractors from inquiring about a job applicant’s criminal background in certain…
OFCCP Officially Reports It Will Not Use EEO-1 Component 2 Pay Data
Via Federal Register notice, OFCCP has officially stated the Agency
will not request, accept, or use Component 2 data, as it does not expect to find significant utility in the data given limited resources and its aggregated nature, but it will continue to receive EEO-1 Component 1 data.
The notice is a welcomed confirmation…
OFCCP Submits Proposed Regulation Requiring Issuance of Pre-Determination Notices
In a welcome turn for federal contractors, OFCCP last week submitted a proposed regulation to codify Directive 2018-01 – Use of Predetermination Notices (PDN). The regulation would require OFCCP to issue a Predetermination Notice (PDN) in every audit summarizing the Agency’s preliminary “discrimination” findings before issuing a Notice of Violation (NOV).
Regular issuance of…
OFCCP Proposes to Formally Withdraw Authority Over TRICARE Employers
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…
EEOC to Hold Hearing On EEO-1 Reporting
To provide another opportunity to receive input on the Agency’s proposed revisions to the EEO-1 report, EEOC has scheduled a public hearing on the matter for November 20, 2019. The notice comes as EEOC has been ordered to continue with collection of Component 2 of the EEO-1 Report for 2017 and 2018 beyond expiration of…
Latest Update from EEOC on Component 2 Pay Data Reporting
Following the most recent Court Order, EEOC has provided the court with a current update as to its compliance with the Court’s Order that it continue to keep the EEO-1 Component 2 pay data reporting portal open. The Court has ordered the portal remain open until at least January 31, 2020 to allow additional…
OFCCP Releases Technical Assistance Guide for Educational Institutions
As previewed a while ago on the Agency’s Technical Assistance website, OFCCP has released a Technical Assistance Guide for Educational Institutions. The 80-page guide contains
- An overview of the equal employment opportunity obligations for federal contractors
- The required components of affirmative action programs and related information
- What to expect during an OFCCP compliance
…
The Future of The EEO-1: What Does EEOC’s Information Collection Really Mean?
As we previously reported , EEOC has filed notice asking for renewed approval to collect EEO-1 Component 1 race, gender and ethnicity workforce data for the next three years (2019, 2020 & 2021), but is not seeking renewed authority to collect Component 2 pay data and hours worked. To be clear, this filing does not…
Breaking News: EEOC Will Not Seek Renewal of Pay Data Collection At This Time
As previously reported, EEOC is expected to publish tomorrow a Notice of Information Collection regarding EEO-1 Reporting. An advance copy of the notice reports that
the EEOC is not seeking to renew Component 2 of the EEO-1.
Instead, the Commission has concluded it should consider information from the current Component 2 collection before deciding…