A source of insights, news and strategy on affirmative action and EEO compliance matters
As we previously reported, OFCCP published the Executive Order 13672 Final Regulations regarding sexual orientation and gender identity discrimination on December 9, 2014 without the public notice and comment period typically required by the Administrative Procedure Act (APA), such as with the veteran and Section 503 regulations.
Since then some confusion has arisen as to…
As a follow up to a story from earlier this year, the D.C. Circuit court has rejected the Associated Builders and Contractors, Inc. (ABCs) challenge of the requirements under the revised regulations implementing Section 503 of the Rehabilitation Act.
In November 2013, ABC filed suit alleging OFCCP issued its recently revised regulations pertaining to…
In FAQs released yesterday, OFCCP addressed requirements under the new Scheduling Letter for contractors to provide updated data collected pursuant to the revised Veterans and Individuals with Disability regulations if the contractor is more than six months into its current AAP plan year upon receipt of a Scheduling Letter.
OFCCP has previously indicated a…
Adding to the FAQs previously released, OFCCP has released additional guidance addressing audit submission requirements under the new Scheduling Letter for contractors more than six months into their plan year when the Scheduling Letter is received.
Items 9 and 13 of the Scheduling Letter require contractors to provide documentation of the computation or comparisons…
We learned today OFCCP is considering dispensing with the twice-a-year advance audit notification frequency, in exchange for notifying smaller groups on a more frequent basis about their establishments’ selection for an upcoming OFCCP compliance review.
For the past several years, OFCCP has issued Courtesy Scheduling Announcement Letters (CSALs) twice a year. It is our understanding…
As we alerted you to earlier today, OFCCP has issued its final rule implementing Executive Order 13672, providing non-discrimination protection for individuals on the basis of sexual orientation and gender identity.
There was early speculation that this rule might involve soliciting of LGBT status from applicants or employees as well as a requirement…
As scheduled, OFCCP has announced issuance of its final rules implementing the President’s recent Executive Order prohibiting discrimination for on the basis of sexual orientation and gender identity.
As we previously mentioned, OFCCP is releasing the final rule without a public comment period.
The final rules are not yet available for public review. However, OFCCP…
According to the DOL’s semi-annual regulatory agenda, OFCCP intends to issue as early as December, final rules implementing Executive Order 13672, providing non-discrimination protection to individuals on the basis of sexual orientation and gender identity.
Our understanding is that OFCCP does not intend to publish the regulations in the federal register for public…
One of the biggest changes to OFCCP’s recently revised scheduling letter is the requirement that employers must now submit employee-level pay data at the outset of an OFCCP audit. As the Agency puts 2,500 establishments on notice of upcoming audits, and in response to contractor questions and requests for guidance on the new scheduling letter,…
In the coming days OFCCP will mail approximately 2,500 Courtesy Scheduling Announcement Letters (CSALs) across the country to employer locations slated for audits.
The CSALs do not initiate audits but instead put employers on notice that their establishments have been identified for upcoming OFCCP compliance reviews.
Importantly, audits initiated under this new round of letters…
