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Affirmative Action & OFCCP Law Advisor

A source of insights, news and strategy on affirmative action and EEO compliance matters

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OFCCP Acting Director Shares His Vision for Upcoming Agency Initiatives

By Laura A. Mitchell on August 2, 2018
Posted in Uncategorized

Day two of the 2018 ILG National Conference has concluded and it was another day packed with information and insights for attendees.

Riding the “waves of change”, over the past two days OFCCP and officials from the U.S. Department of Labor Solicitor’s Office as well as the EEOC, have shared their insights, thoughts, and new…

EEO-1 Filing Deadline Extended

By Laura A. Mitchell on April 22, 2018
Posted in Uncategorized

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…

OFCCP Discloses Audit Scheduling Methodology

By Laura A. Mitchell on April 18, 2018
Posted in Uncategorized

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 …

OFCCP Reduces Veteran Hiring Benchmark

By Laura A. Mitchell on April 1, 2018
Posted in Uncategorized

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…

Scheduling Letters Are In the Mail

By Laura A. Mitchell on March 28, 2018
Posted in Uncategorized

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…

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

By Laura A. Mitchell on March 8, 2018
Posted in Uncategorized

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…

Proposed Budget Seeks to Cut DOL Funds

By Laura A. Mitchell on February 12, 2018
Posted in Uncategorized

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…

Minimum Wage for Federal Contractors Increased Effective January 1, 2018

By Laura A. Mitchell on September 18, 2017
Posted in Uncategorized

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…

Update on OFCCP/EEOC Merger

By Laura A. Mitchell on August 30, 2017
Posted in Regulatory Update, Uncategorized

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…

Veteran Hiring Benchmark Reduced – Again

By Laura A. Mitchell on April 2, 2017
Posted in Uncategorized

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

…

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