Executive Order 11246

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The Department of Defense has published a Memo and provided the Clause which its contracting agencies are now required to include in new contracts after the November 21, 2020 effective date of Executive Order 13950 – Combating Race and Sex Stereotyping.  The notice identifies this as a “class deviation”  that is “effective immediately” and…

As directed in the recent controversial Executive Order (EO) 13950– Combatting Race and Gender Stereotyping, OFCCP is publishing in the Federal Register a request for information (RFI) seeking to collect information regarding training materials that may contain “divisive concepts” or promote sex and race stereotyping or scapegoating. The Agency also held a public Stakeholder…

As promised, OFCCP has released a handful of Frequently Asked Questions (FAQs) addressing the President’s Executive Order Combating Race and Gender Stereotyping (Executive Order 13950).

While limited in nature, the FAQs confirm what OFCCP has been expressing regarding the executive order, including the fact that the Order does not outright prohibit unconscious bias training but…

As instructed by last week’s Combatting Race and Sex Stereotyping Executive Order, OFCCP has set up a hotline to receive complaints of unlawful stereotyping.  The executive order directs OFCCP to

establish a hotline and investigate complaints received under both this order as well as Executive Order 11246. . .  .

Notably, the hotline is…

OFCCP has published a Notice of Proposed Rulemaking (NPRM or Proposed Rule) proposing to codify procedures the agency uses to resolve potential violations of the affirmative action laws the agency enforces.  If approved, the regulation would significantly clarify (if not alter) both the procedures and substantive rules according to which OFCCP seeks to resolve allegations…

Furthering the Agency’s commitment to providing contractors with ongoing Technical Compliance Assistance, OFCCP has released a Guide to assist construction contractors navigate compliance with their equal employment opportunity obligations. The Construction TAG has been added to OFCCP’s ever-expanding technical assistance landing page.

OFCCP drafted the 157-page guide as a

self-assessment tool to review the

…

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…

In August, OFCCP issued a proposed new rule to clarify aspects of a religious exemption available to federal contractors.  According to OFCCP, the rule is intended to provide clarity regarding the scope and application of the existing religious exemption consistent with the evolving landscape of religious freedom- based legal developments, including Masterpiece Cakeshop, Ltd.…

As we reported last week, in light of three Supreme Court cases addressing religious freedoms, OFCCP has issued a new Directive 2018-3 and a press release regarding “religion-exercising” organizations and individuals. The Directive cites three recent Supreme Court cases as well as Executive Orders issued by President Trump. With respect to the court cases,…