On Monday, the U.S. Senate confirmed Marty Walsh as the Secretary of the U.S. Department of Labor under President Biden. Secretary Walsh will, of course, also be newly-appointed OFCCP Director Jenny Yang’s new boss. While we have anticipated a change in OFCCP direction under Director Yang, the changes, thus far, have been limited, perhaps because
BREAKING NEWS – OFCCP Revises CSAL to Remove All Establishments Scheduled for Focused Reviews and Compliance Checks
OFCCP has just announced it has revised its Supply and Service FY 2020 audit scheduling list by removing all establishments selected to receive focused reviews and compliance checks.
An amended Corporate Scheduling Announcement List (CSAL) and amended methodology have been posted on the agency website.
The evaluations that will proceed include establishment-based compliance reviews, CMCE…
OFCCP to Close Contractor Assistance Portal
In an e-mail sent out to registered stakeholders OFCCP announced in an effort to “improve efficiency and better integrate compliance assistance efforts,” it is discontinuing the Agency’s Contractor Assistance Portal as of March 1, 2021.
The notice emphasized OFCCP
remains committed to quality compliance assistance
and notes it will strengthen its efforts through improvements to…
OFCCP Tagged for Pay Data Collection Role in Newly Proposed Paycheck Fairness Act
As yet another confirmation that pay equity will be a priority for the Biden-Harris administration, the proposed Paycheck Fairness Act has been reintroduced in the U.S. House of Representatives as H.R. 7. The proposed legislation has a long history but has never been given a vote in the Senate – it last passed in…
OFCCP Shuts Down Executive Order 13950 Hotline and Other Related Enforcement
Following on the heels of President Biden’s inaugural day revocation of President Trump’s Executive Order on Combatting Race and Sex Stereotyping, OFCCP has officially ceased all activities in connection with enforcement of Executive Order 13950.
Specifically:
- OFCCP has rescinded the Frequently Asked Questions regarding Executive Order 13950.
- OFCCP will completely shut down the phone hotline
…
Former EEOC Commissioner Jenny Yang Anticipated to Be Announced as OFCCP Director
As suspected, it appears imminent that former EEOC Commissioner will be named as Director of OFCCP under newly inaugurated President Joe Biden. Ms. Yang’s name appears on the list of Department of Labor leadership as Director of OFCCP though no formal announcement has been made by OFCCP.
We will bring additional details as they develop.
OFCCP Issues Contractor “Certificates of Merit” and Publishes Section 503 Focused Reviews Annual Report
As we are preparing for a change in leadership at OFCCP, the Agency has published its first Section 503 Focused Reviews Annual Report and issued Section 503 Certificates of Merit. As many are aware, OFCCP Director Craig Leen is passionate about fighting for and protecting the rights of individuals with disabilities and, as such,…
OFCCP Issues Opinion Letter Explaining Application of Executive Order 11246 Religious Exemption
Following on the heels of its final rule clarifying the religious exemption found at Section 204(3) of Executive Order (EO) 11246 and codified at 41 C.F.R. 60-1.5(a)(5) (the Exemption), OFCCP this week issued an Opinion Letter addressing the scope of the Exemption. Specifically, the Opinion Letter provides insights on “six possible religious discrimination scenarios.”
As…
OFCCP Extends Comment Deadline for Annual AAP Certification Proposal
OFCCP has published a notice in the Federal Register extending the public comment period on its proposal to require federal contractors to submit an annual certification of their AAP compliance. The new comment deadline is January 28, 2021. While this notice does not state the reason for the extension, it appears the Agency received…
Court Order Stops Enforcement of President Trump’s Executive Order on Combatting Race and Sex Stereotyping
Since it was issued in September 2020, Executive Order 13950 – Combatting Race and Sex Stereotyping has been a source of controversy and criticism. Speculation as to the fate of the Executive Order in the future Biden/Harris administration has accelerated in recent weeks with talks of rescission and legal challenges. While we await the ultimate…