As Veteran’s Day nears, OFCCP is keeping federal contractor’s busy reviewing the latest efforts the Agency is undertaking to ensure employers are in compliance with non-discrimination and affirmative action obligations for protected veterans. In addition to releasing a supplement CSAL list for establishments that have been selected for VEVRAA Focused Reviews, OFCCP also publised the first Directive of FY 2020. Directive 2020-01: Spouses of Protected Veterans was drafted to ensure that federal contractors are…

Affirmative Action & OFCCP Law Advisor

BREAKING NEWS: Veteran Focused Review List Released

By Laura A. Mitchell

November 8, 2019

As promised, OFCCP has released the list of organizations that have been selected for Vietnam Era Veteran Readjustment Assistance Act (VEVRAA) Focused Reviews. The list is published in OFCCP’s FOIA Library. Labeled as a supplement to the existing CSAL list, the new listing contains 500 establishments that will be scheduled for a review focused on compliance with the Agency’s veteran non-discrimination regulations. As it did with the announcement of the Section …

Affirmative Action & OFCCP Law Advisor

OFCCP Proposes to Formally Withdraw Authority Over TRICARE Employers

By Laura A. Mitchell

November 5, 2019

As previewed earlier this year, OFCCP is scheduled to publish on November 6, 2019 its proposed rule making addressing jurisdiction for TRICARE contractors and subcontractors. As a reminder, OFCCP has had an audit moratorium in place since 2014 for employers that participate in TRICARE. The proposed rule making seeks to codify OFCCP’s most recent position that TRICARE contractors and subcontractors should not be subject to OFCCP jurisdiction – or more precisely, that OFCCP lacks authority…

Affirmative Action & OFCCP Law Advisor

EEOC to Hold Hearing On EEO-1 Reporting

By Laura A. Mitchell

November 5, 2019

To provide another opportunity to receive input on the Agency’s proposed revisions to the EEO-1 report, EEOC has scheduled a public hearing on the matter for November 20, 2019. The notice comes as EEOC has been ordered to continue with collection of Component 2 of the EEO-1 Report for 2017 and 2018 beyond expiration of the original data collection deadline. As a reminder, the EEOC has filed for renewed approval for the continued collection of…

Affirmative Action & OFCCP Law Advisor

Latest Update from EEOC on Component 2 Pay Data Reporting

By Laura A. Mitchell

November 4, 2019

Following the most recent Court Order, EEOC has provided the court with a current update as to its compliance with the Court’s Order that it continue to keep the EEO-1 Component 2 pay data reporting portal open. The Court has ordered the portal remain open until at least January 31, 2020 to allow additional filers to submit their reports. In its report EEOC detailed the efforts made to contact companies that have not yet completed their…

Affirmative Action & OFCCP Law Advisor

Details about OFCCP’s Technical Assistance Guide for Educational Institutions

By Laura A. Mitchell & Elizabeth P. Hernandez

November 4, 2019

The Technical Assistance Guide for Educational Institutions (the “Guide”) OFCCP released recently is largely a review of existing standards and regulations, but it also includes suggested best practices and concrete guidance specific to educational institutions. The complete document is available with other guidance on OFCCP’s Technical Assistance website. A summary follows. Since releasing the Guide, Director Craig Leen and other Agency officials have spoken about it publicly, most recently at its Academic Institutions Town…

Affirmative Action & OFCCP Law Advisor

President Trump Revokes Obama-Era Protections for Service Workers

By Laura A. Mitchell & F. Christopher Chrisbens

November 1, 2019

In an Executive Order issued yesterday, President Trump revoked Obama-Era Executive Order 13495, which provided some protection – a right of first refusal for continued employment – to qualified service workers when a government contract was replaced with a new contract and successor contractor at the same location. President Trump’s Executive Order provides no explanation for the revocation, but the move was likely influenced by the new Secretary of Labor, Eugene Scalia. Executive Order …

Affirmative Action & OFCCP Law Advisor

EEOC Must Keep Pay Data Reporting Portal Open

By Laura A. Mitchell

October 29, 2019

Despite its request to close the pay data reporting portal, Judge Chutkan has ordered EEOC to continue to keep the EEO-1 Component 2 Pay Data Reporting Portal open to allow more filers to submit their pay data. The Order states, despite the acknowledged expense, that EEOC must continue to take all steps necessary to complete the EEO-1 Component 2 data collection for calendar years 2017 and 2018 by January 31, 2020. This includes keeping the…

Affirmative Action & OFCCP Law Advisor

OFCCP Releases Technical Assistance Guide for Educational Institutions

By Laura A. Mitchell

October 11, 2019

As previewed a while ago on the Agency’s Technical Assistance website, OFCCP has released a Technical Assistance Guide for Educational Institutions. The 80-page guide contains An overview of the equal employment opportunity obligations for federal contractors The required components of affirmative action programs and related information What to expect during an OFCCP compliance evaluation As part of the Agency’s stated purpose for the guide it recognizes that due to their complex organization, it…

Affirmative Action & OFCCP Law Advisor

OFCCP Seeks to Tweak Disability Self-Identification Form

By Laura A. Mitchell & F. Christopher Chrisbens

October 11, 2019

At a time when the Agency has begun embarking on Section 503 Focused Reviews, OFCCP continues work to prevent discrimination for individuals with disabilities. Last week, as national disability awareness month began, OFCCP quietly published a request to tweak its prescribed disability self-identification form. The revisions seek to streamline the form and provide additional guidance to applicants and employees asked to complete the form seemingly in the hopes of increasing participation. Importantly, this year marks the…

Affirmative Action & OFCCP Law Advisor

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

Blog Authors

OFCCP Will Investigate Veteran Spouse Treatment During Audits

BREAKING NEWS: Veteran Focused Review List Released

OFCCP Proposes to Formally Withdraw Authority Over TRICARE Employers

EEOC to Hold Hearing On EEO-1 Reporting

Latest Update from EEOC on Component 2 Pay Data Reporting

Details about OFCCP’s Technical Assistance Guide for Educational Institutions

President Trump Revokes Obama-Era Protections for Service Workers

EEOC Must Keep Pay Data Reporting Portal Open

OFCCP Releases Technical Assistance Guide for Educational Institutions

OFCCP Seeks to Tweak Disability Self-Identification Form

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