This week the Department of Labor announced its spring 2019 Regulatory Agenda.   Included was an new item from OFCCP that was part of its prior published regulatory agenda.  As OFCCP previously announced in 2018, its planned rule-making agenda for the near future includes rulemaking to address affirmative action obligations for TRICARE providers (slated for May 2019) and contractor’s use of religious exemptions (slated for June 2019).

New to the 2019 agenda, OFCCP has announced it will seeks to create regulations for Procedures to Resolve Potential Employment Discrimination. Currently the only information available on the upcoming rulemaking is that it will seek to

increase clarity and certainty for OFCCP stakeholders, and enhance the agency’s efficiency in remedying employment discrimination.

In a recent public appearance, Director Leen hinted at upcoming rulemaking around OFCCP’s Pre-Determination Notice (PDN) process as articulated in Directive 2018-01. Thus, we anticipate this upcoming procedure-oriented rulemaking will seek to codify the processes outlined in the PDN Directive, among potential others.

Per the agenda, this new rulemaking is expected to be proposed in September of 2019.

We will continue to follow and update this and other developments as they occur.

Photo of Laura A. Mitchell Laura A. Mitchell

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She is a member of the firm’s Affirmative Action and OFCCP Defense practice group as well as the firm’s Pay Equity Resource Group. She is also on the…

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She is a member of the firm’s Affirmative Action and OFCCP Defense practice group as well as the firm’s Pay Equity Resource Group. She is also on the leadership team for the firm’s Government Contractor Industry Group.

Her practice is focused on representing government and non-government contractors in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. Ms. Mitchell personally oversees the development of hundreds of AAPs each year and is intimately involved in the defense of numerous OFCCP audits. She also spends significant time counseling companies in connection with conducting pay equity analyses as well as government contractor employment obligations.

Ms. Mitchell is the editor and a principal contributor of The Affirmative Action Law Advisor blog and frequently presents on pay equity, affirmative action compliance, OFCCP enforcement trends, and government contractor obligations.

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