Tag Archives: Office of Federal Contract Compliance Programs

OFCCP’s Agenda for 2019: More Audits and Increased Transparency

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

OFCCP Seeks Public Comment on Leadership in Equal Access and Diversity Award

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

OFCCP Seeking Comment on Contractor Disability Inclusion Recognition Program

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

OFCCP and National Industry Liaison Group Enter into Memorandum of Understanding

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

OFCCP Revises Latest CSAL List

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

OFCCP Makes CSAL List Supplement Publicly Available

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

OFCCP Seeks to Favorably Tweak Requirements to Encourage Contractors to Consider Functional Affirmative Action Plans

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

Complimentary Webinar: What You Need to Know About OFCCP’s New Compensation Directive

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

Additional Information on OFCCP’s Latest Round of CSALs

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

BREAKING NEWS: OFCCP Issues New Round of CSALs

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

New OFCCP Initiative to Ensure Contractors Timely Prepare and Update AAPs

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

New Compensation Directive Promises Transparency

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

BREAKING NEWS: OFCCP Issues New Compensation Directive and Other Directives

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

OFCCP Issues Directive Regarding Religious Freedom

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

OFCCP Issues Two New Directives Addressing Focused Reviews and Religious Discrimination

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

OFCCP Working on Contractor Certification Program

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

OFCCP Releases Description of “What Contractors Can Expect”

It has been a busy morning on the first day of the 2018 ILG National Conference in Anaheim, California.  After a dramatic and moving opening presentation, OFCCP Acting Director Craig Leen gave the morning’s Keynote address.  Echoing the conference’s “Navigating the Waves of Change” theme, Acting Director Leen spoke to the group about the four pinnacles … Continue Reading

Latest Merger News: Proposal to Merge Departments of Labor and Education

Early in the Trump Administration, it was proposed to move OFCCP into the EEOC.  Congress subsequently rejected the budget proposal containing the proposed merger and the idea was put to rest. Not to give up it’s quest to streamline the Administration and propose budget-saving measures, the Administration recently proposed a merger of the Departments of Labor and Education into an umbrella agency to … Continue Reading

OFCCP Extends TRICARE Moratorium

As we recently reported, OFCCP is evaluating affirmative action obligations for TRICARE providers and expects to publish rulemaking on this front next year.  In connection with this, to allow time for the rulemaking process, as well as to allow time for any potential related legislative action, OFCCP announced it has extended the enforcement moratorium for TRICARE … Continue Reading

Only One Item On OFCCP’s Spring Regulatory Agenda: TRICARE

Today, the Trump Administration released its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions, which “reports on the actions administrative agencies plan to issue in the near and long term.” OFCCP has only one item listed on its agenda, entitled “Affirmative Action and Nondiscrimination Obligations of Federal Contractors and Subcontractors: TRICARE and Certain Other Healthcare … Continue Reading

Breaking News: OFCCP Could Be Close To Rescinding Current Compensation Directive

Bloomberg Law is reporting OFCCP may soon rescind the controversial Directive 307, which has been in place since early 2013, and sets out the Agency’s current methodology for analyzing pay.  In its place, Bloomberg reports OFCCP will direct compliance officers to review compensation based on pay groupings established by the contractor.  If the directive is rescinded and … Continue Reading

OFCCP Discloses Audit Scheduling Methodology

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 to make … Continue Reading

OFCCP Reduces Veteran Hiring Benchmark

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 it … Continue Reading

OFCCP Wants Your Feedback

If you’ve e-mailed anything to OFCCP in connection with a compliance review in the past 5 years you likely received a message recently letting you know about OFCCP’s upcoming survey.  As it did several years ago, OFCCP will be asking a select group of contractors to provide feedback on how the agency is doing and to make … Continue Reading
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