By Laura A. Mitchell and James D. Mackey As we reported on Friday, November 30, OFCCP began it’s 2019 fiscal year by releasing a rash of new directives. On Monday, we looked at the rescission of Obama Administration’s Active Case Enforcement (ACE) directive. Yesterday, we reviewed OFCCP’s new guidance on Early Resolution Procedures. Today we … Continue Reading
By Scott M. Pechaitis and Sabrina L. Brown As we reported last Friday, OFCCP has kicked-off 2019 with a bang – issuing three directives in a single day. Yesterday we reported on the first of three new Directives OFCCP issued to kick off fiscal year 2019. Today we cover the second Directive – Directive 2019-02: … Continue Reading
Elizabeth P. Hernandez contributed to this post. Last Friday, OFCCP kicked off the 2019 fiscal year with its first of three new Directives: “Directive 2019-01 – Compliance Review Procedures,” which rescinds the Obama Administration’s Active Case Enforcement (ACE) approach to audits – Directive 2011-01. The ACE Directive was itself a replacement of the Bush Administration’s Active … Continue Reading
Today, on the last day of the month, OFCCP has released three new directives – the first three of the Agency’s 2019 Fiscal Year – and continues the string of directives issued by the new administration, bringing the number to an even dozen. Directive 2019 -01: Compliance Review Procedures rescinds the Directive 2011-01 which set out the Active … Continue Reading
By Laura A. Mitchell, James D. Mackey, and Suzanne Donnelly Corwin As contractors start to see new scheduling letters arrive from OFCCP’s latest round of advance notification letters, OFCCP has new opportunities to demonstrate its commitment to transparency, through implementation of the Agency’s recently released Directive 2018-08: Transparency in OFCCP Compliance Activities. The Agency’s stated philosophy is that transparency … Continue Reading
By Laura A. Mitchell and Suzanne Donnelly Corwin Late last week, OFCCP published a notice in the federal register seeking public comment regarding its proposed Leadership in Equal Access and Diversity (“LEAD”) Award. The LEAD award will recognize federal contractor and subcontractor establishments that have developed and successfully implemented comprehensive equal employment opportunity and nondiscrimination … Continue Reading
Appearing in today’s federal register is OFCCP’s request for comment on the proposed structure and details of the agency’s new Excellence in Disability Inclusion Award. The award will highlight successful practices and strategies of contractors that have expanded and improved recruitment, hiring, retention, and promotion opportunities for individuals with disabilities. In August, at the ILG National Conference, Acting Director … Continue Reading
In continued commitment to restoring the Agency’s relationship with the contractor community, OFCCP recently announced it has entered into a three-year Memorandum of Understanding (“MOU”) with the National Industry Liaison Group (“NILG”) in order to foster collaboration between the federal contractor community and OFCCP. For those not familiar with the organization, the NILG is a … Continue Reading
It appears OFCCP has made some updates to its latest Corporate Scheduling Announcement List release. When accessing the current publicly available list through OFCCP’s website, the resulting file now displays a header which indicates the file contains “addresses updated as of September 24, 2018.” Upon close review and comparison with the original list posted last week, it … Continue Reading
Wondering whether your organization has been selected for an upcoming audit as part of OFCCP’s recent Corporate Scheduling Announcement Letter (CSAL) list supplement? Well, wonder no more. OFCCP has made publicly available its most recent CSAL supplement as well as the two previous CSAL lists (2017 and 2018). As a reminder, CSALs are a “courtesy notification to an … Continue Reading
There is no rest for the weary at OFCCP. Continuing the steady flow of Directives and proposals as well as audits coming out of Washington D.C., the Agency has released two additional directives in furtherance of the Administration’s commitment to transparency and certainty. The first, Directive 2018-08: Transparency in OFCCP Compliance Activities will “ensure transparency in all … Continue Reading
Has your organization ever considered switching from “establishment” AAPs to functional affirmative action plans (“FAAPs”)? OFCCP wants contractors to consider moving to FAAPs and, in that spirit, is looking to make FAAPs more attractive by proposing new FAAP requirements that would lighten the burden for those who apply for, and those that already have, FAAP agreements with … Continue Reading
It’s been a little more than two weeks since OFCCP released its new Compensation Directive. While we don’t yet have answers to all of the questions surrounding the Directive, we do have thoughts about what will likely change, and what will not, for federal contractors during compliance reviews. Since OFCCP has just released another round … Continue Reading
As we reported last week, OFCCP has released a supplemental list of contractors who have been selected for audit by the Agency. In addition to releasing information about the supplemental list of CSALs, OFCCP also published a new FAQ addressing requests for extensions and a supplement to its recently disclosed scheduling methodology. Request for Extension FAQ One of … Continue Reading
OFCCP has been busy, and they are not slowing down. Today, OFCCP issued an additional 750 Corporate Scheduling Announcement Letters (CSALs) to federal contractors providing advance notification of compliance reviews, in order to make sure the district and area offices “have a sufficient number of available establishments to schedule for compliance reviews until OFCCP releases … Continue Reading
There’s been a lot of discussion in past days about OFCCP’s new Compensation Directive, which describes the Agency’s approach to investigating pay discrimination. We’ve spent some time digging into the details of the directive. We’ve previously shared our thoughts about the Directive’s commitment to transparency, and now, as promised, want to share our thoughts about the nuts and … Continue Reading
The third of the three Directives OFCCP issued last Friday, Directive 2018-06 “Contractor Recognition Program” announces a program by which OFCCP will recognize contractors with “high-quality and high-performing compliance programs and initiatives.” Recognition is one of the four themes Acting Director Leen has spoken about recently and such programs are not a new concept in the Agency … Continue Reading
As we announced Friday, OFCCP has issued three new Directives in furtherance of its efforts to make the Agency more transparent and efficient. New Directive 2018-07 “Affirmative Action Program Verification Initiative,” is aimed at expanding OFCCP’s enforcement reach and was previewed by Acting Director Leen at last month’s ILG National Conference. As we like to say, we can’t … Continue Reading
By Laura A. Mitchell, Elizabeth P. Hernandez, and Suzanne Donnelly Corwin Late last week OFCCP released a new Directive detailing the Agency’s approach to investigating pay discrimination. Directive 2018-05 applies to all OFCCP reviews scheduled on or after August 24, 2018, and to open reviews to the extent “they do not conflict with OFCCP guidance or procedures … Continue Reading
It’s here! OFCCP has finally issued its long-awaited, much-anticipated, new compensation directive. The Directive explicitly replaces the controversial Directive 307 and sets out the Agency’s current approach, and commitment to transparency, with respect to pay equity analyses. Directive 2018-05: Analysis of Contractor Compensation Practices During a Compliance Evaluation outlines “standard procedures for reviewing contractor compensation practices during a … Continue Reading
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, the … Continue Reading
In the Directive released late last week, OFCCP announced its plan to start scheduling focused reviews starting in Fiscal Year 2019. OFCCP’s fiscal year begins October 1. Directive 2018-04 directs OFCCP staff to “work towards ensuring that a portion of future scheduling lists, starting with Fiscal Year 2019, include focused reviews as to each of the … Continue Reading
As discussed during the 2018 ILG National Conference, Acting Director Craig Leen has released a Directive formalizing OFCCP’s plans to start initiating focused reviews. Acting Director Leen, simultaneously released a Directive addressing religious discrimination – a topic not broadly (or otherwise) discussed during the Agency’s recent public engagements. The stated purpose of Directive 2018-03: Executive Order … Continue Reading
Following the tone of the preceding days, the 2018 ILG National Conference closed Friday morning with a friendly conversation between Acting Director Craig Leen and NILG Chair Paul McGovern. The two discussed several of the themes and OFCCP initiatives addressed during the conference: Transparency, certainty and the Rule of Law The Agency’s audit scheduling process Directive 307 and pay … Continue Reading
