On Tuesday, February 18, 2020 the National Industry Liaison Group (“NILG”) and the Office of Federal Contract Compliance Programs (“OFCCP”) held a Compensation Roundtable at the US. Department of Labor in Washington D.C. Director Leen introduced the program by emphasizing the need for advancement of females to higher level management positions, the right to parental leave for both men and women, and his continuing commitment to advancing his administration’s agenda. You may recall that on…

Affirmative Action & OFCCP Law Advisor

OFCCP Creates New Online “School” for Federal Contractors

By Laura A. Mitchell & Elizabeth P. Hernandez

February 21, 2020

As of today, federal contractors have a new tool for understanding a variety of compliance obligations enforced by the Office of Federal Contract Compliance Programs (“OFCCP”). The Agency has launched a Contractor Compliance Institute (“CCI”) where contractors can take free, on-demand courses on a variety of OFCCP-related topics. The CCI is designed to help contractors learn more about their obligations; evaluate current personnel and affirmative action practices; and stay current with OFCCP initiatives, according to…

Affirmative Action & OFCCP Law Advisor

BREAKING NEWS: Pay Data Portal Ordered Closed

By Laura A. Mitchell

February 10, 2020

It seems the end has finally come for at least one part of the pay data reporting story. Today, Judge Chutkan ordered the EEO-1 Component 2 pay data reporting portal closed. The closing of the portal signals the end of the required collection of pay data for 2017 and 2018 from eligible employers. The direction for the next turn in the story hinges on what EEOC decides to do about collecting pay data going forward. …

Affirmative Action & OFCCP Law Advisor

BREAKING NEWS: Craig Leen to be Nominated for Role As Inspector General of Office of Personnel Management

By Laura A. Mitchell

February 3, 2020

In a surprising turn of events, the White House has announced today President Trump’s intent to nominate current OFCCP Director Craig Leen to the position of Inspector General of the Office of Personnel Management. There were not details around timing or potential OFCCP Director candidates provided in the release. He would need to be confirmed by the Senate before moving into the role. We will provide more details as soon as they are known.…

Affirmative Action & OFCCP Law Advisor

Diving into OFCCP’s Construction Contractor Technical Assistance Guide

By Laura A. Mitchell, F. Christopher Chrisbens & Sarah K. Watt

January 31, 2020

The recently updated Construction Contractors Technical Assistance Guide (“TAG”) provides construction contractors substantial guidance in understanding their AAP obligations and how to fulfill those obligations. Helpfully, the TAG addresses both technical compliance as well as best practices to achieve the spirit of the relevant statutes. The TAG is organized coherently and practically, beginning with an explanation of the Office of Federal Contractor Compliance’s (“OFCCP”) mission and the laws it has been charged to enforce: Executive…

Affirmative Action & OFCCP Law Advisor

Checking In On EEO-1 Reporting

By Laura A. Mitchell

January 28, 2020

While it feels like we just finished the EEO-1 reporting season, the time is here again to start preparing for filing of the “traditional” annual EEO-1 survey. As it has for years, EEOC will again this year look to collect race and gender data from eligible employers. Component 1 of the EEO-1 (not to be confused with the controversial and litigation-embroiled pay data Component 2) is currently due to be filed with the EEOC by…

Affirmative Action & OFCCP Law Advisor

Ban-the-Box Law Limits Criminal Background Inquiries by Federal Contractors Beginning in December 2021

By Laura A. Mitchell

January 7, 2020

The most recently authorized version of the National Defense Authorization Act (NDAA) includes a provision that will limit the ability of federal contractors to inquire into the criminal backgrounds of certain potential employees. Beginning in December 2021, the Fair Chance Act will prohibit federal contractors from inquiring about a job applicant’s criminal background in certain cases in the initial stages of the application process. It is not new for the NDAA to be used to promulgate…

Affirmative Action & OFCCP Law Advisor

OFCCP Releases Updates to Federal Contractor Compliance Manual

By Laura A. Mitchell

January 6, 2020

Checking off another of the Agency’s “To Dos”, OFCCP has published revisions and updates to the Federal Contractor Compliance Manual (FCCM). The manual is the Agency’s “instruction manual” providing guidance for OFCCP’s compliance officers in conducting compliance evaluations and complaint investigations . . . Revisions to the guide have been promised for years, and the Agency under the leadership of Director Craig Leen has finally accomplished it in furtherance of its commitment to transparency…

Affirmative Action & OFCCP Law Advisor

OFCCP Proposes Codification of Procedures for Addressing Alleged Discrimination and Defines Statistical Thresholds

By Laura A. Mitchell & F. Christopher Chrisbens

December 30, 2019

OFCCP has published a Notice of Proposed Rulemaking (NPRM or Proposed Rule) proposing to codify procedures the agency uses to resolve potential violations of the affirmative action laws the agency enforces. If approved, the regulation would significantly clarify (if not alter) both the procedures and substantive rules according to which OFCCP seeks to resolve allegations of discrimination in employment decisions, including pay practices. Director Craig Leen believes the proposal aims to provide greater certainty and…

Affirmative Action & OFCCP Law Advisor

EEOC Renews Request to Close Component 2 Pay Data Portal

By Laura A. Mitchell

December 20, 2019

EEOC has filed another Motion with the court seeking an Order deeming Component 2 pay data collection complete. In its most recent filing, EEOC requests the Court to revisit its previous decision and deem the collection obligation satisfied or, in the alternative, provide clarification “regarding the response rate at which the Court will deem the EEOC’s collection to be complete.” As a reminder, EEOC’s previous motion requesting the permission to close the portal was denied. Instead…

Affirmative Action & OFCCP Law Advisor

A source of insights, news and strategy on affirmative action and EEO compliance matters

Blog Authors

Highlights from the OFCCP and NILG Compensation Roundtable

OFCCP Creates New Online “School” for Federal Contractors

BREAKING NEWS: Pay Data Portal Ordered Closed

BREAKING NEWS: Craig Leen to be Nominated for Role As Inspector General of Office of Personnel Management

Diving into OFCCP’s Construction Contractor Technical Assistance Guide

Checking In On EEO-1 Reporting

Ban-the-Box Law Limits Criminal Background Inquiries by Federal Contractors Beginning in December 2021

OFCCP Releases Updates to Federal Contractor Compliance Manual

OFCCP Proposes Codification of Procedures for Addressing Alleged Discrimination and Defines Statistical Thresholds

EEOC Renews Request to Close Component 2 Pay Data Portal

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