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
Office of Federal Contract Compliance Programs
OFCCP Final Rule For Procedures to Resolve Potential Employment Discrimination Published
As we previewed last week, OFCCP’s rule codifying procedures for resolving allegations of potential discrimination through the use of a Pre-Determination Notice (PDN) or Notice of Violation (NOV) has been officially published in the Federal Register.
The main purpose of rule is to codify practices to “provide contractors with greater certainty” about the…
OFCCP Releases Final Rule on Procedures for Resolving Potential Employment Discrimination
OFCCP has released a final rule formally codifying two notices used by the Agency to resolve potential findings of discrimination: the Predetermination Notice (PDN) and the Notice of Violation. The Rule is the final version of the proposed rule published at then end of last year.
OFCCP stated in its press release that it believes…
OFCCP Publishes Updated Supply & Service Technical Assistance Guide
As we noted in our August 2019 post, one of OFCCP Director Craig Leen’s priorities has been to update the Agency’s website with assistance materials for contractors – including Technical Assistance Guides (TAGs). OFCCP announced today that it has updated the TAG for contractors and subcontractors with covered supply or service contracts.
TAGs…
OFCCP Publishes Voluntary Request for Information in Connection with Combatting Race and Sex Stereotyping Executive Order
As directed in the recent controversial Executive Order (EO) 13950– Combatting Race and Sex 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…
OFCCP Publishes FAQs addressing Combating Race and Sex Stereotyping Executive Order
As promised, OFCCP has released a handful of Frequently Asked Questions (FAQs) addressing the President’s Executive Order Combating Race and Sex 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…
OFCCP Unveils New Race and Sex Stereotyping Hotline
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 Launches Guidance Landing Pages for Promotion and Accommodation Focused Reviews
OFCCP’s most recent CSAL included, for the first time, establishments selected for promotion and accommodation focused reviews. While the Agency has talked for sometime about initiating these types of focused reviews, there has been little information available to help contractors understand what the reviews will entail. Today, the agency has provided some, albeit limited,…
OFCCP Revises Recent (CSAL) Audit Scheduling List
We have learned that OFCCP has posted a revised version of the most recent CSAL on its website.
Approximately 84 entries have been modified so that some promotion focused reviews have been changed to establishment reviews and in at least one instance, an additional establishment review was added.
Also, it is worth noting that OFCCP…
OFCCP Seeks Approval for Online AAP Certification – “Affirmative Action Program Verification Interface”
As reported in today’s Federal Register, OFCCP is seeking regulatory authority to:
- Require federal contractors to annually certify they have prepared AAPs via an online interface; and,
- Institute “a secure method” to electronically submit AAPs when contractors are scheduled for an audit.
As we reported nearly a year ago, because OFCCP cannot conduct…