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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

Impact (So Far) of New Veterans and Disability Regulations in Compliance Reviews

Last week during The OFCCP Institute’s Annual Summit, Consuela Pinto from the Department of Labor’s Solicitor’s Office, in addition to speaking on other topics, touched on the impact of OFCCP’s new veteran and disability regulations thus far. Ms. Pinto confirmed OFCCP has not processed any violations based on audits involving application of the new regulations. … Continue Reading

VEVRAA and Section 503 Discussion with SWARM Officials

As we mentioned earlier, at the SWARM Regional Conference this afternoon, Regional Director Melissa Speer and Deputy Director Aida Collins, answered questions from conference attendees about implementation of the new veteran and disability regulations. During the Q&A session, Melissa and Aida graciously took questions from the crowd about real-world implementation scenarios.  For those questions they … Continue Reading

New Minimum Wage for Employees of Federal Contractors FAQs

As we updated you last week, President Obama has signed an Executive Order increasing the minimum wage for employees of federal contractors to $10.10 an hour.  After reading the the Order many employers still have questions surrounding the impact of the President’s executive action.  We have prepared some FAQs to help answer these questions. The President … Continue Reading

More Government Shutdown Ramifications – How to Comply with E-Verify Requirements for New Hires

Government contractors in the process of hiring new employees may be the first to experience ramifications from the government shutdown.  The E-Verify system is “unavailable due to a government shutdown” as described when employers go to log into their E-Verify accounts.  So, what should employers do to comply with the E-Verify requirements during the shutdown?  The JL Immigration … Continue Reading

Signs Point to Continued OFCCP Focus on Pay Discrimination as the Equal Pay Act Turns 50

On Monday, June 10, 2013, the Equal Pay Act turned 50. President Obama commemorated this historic anniversary with public remarks at the White House in which he urged continuing pay equality efforts. Occupying a place of prominence, and an act no doubt intended to highlight the Agency’s efforts towards pay discrimination, Director Shiu stood behind … Continue Reading

OFCCP Continues Commitment to Developing Cloud-Based System

As we’ve heard for the past couple of years, OFCCP is developing a cloud-based system that will allow Agency offices across the country to access the same information about federal contractors.  In its 2014 budget justification document, OFCCP said it will implement a cloud-based system in FY 2014 enabling the agency to improve process standardization, reporting functionality, … Continue Reading