On the heels of the filing of the Center of Investigative Reporting lawsuit alleging OFCCP is not properly responding to its FOIA request for federal contractor 2016-2022 EEO-1 Type 2 Reports, the Agency is notifying companies for which it does
Gov Con Employment Exchange
A source of insights, news and strategy on affirmative action and EEO compliance matters
Gov Con Employment Exchange, published by Jackson Lewis P.C., focuses on legal developments and compliance issues related to affirmative action and the Office of Federal Contract Compliance Programs (OFCCP). The blog covers topics such as federal contractor obligations under the Rehabilitation Act and Vietnam Era Veterans’ Readjustment Assistance Act, updates on jurisdictional thresholds, regulatory changes, data collection and reporting requirements, and enforcement actions. It also addresses issues like veteran hiring benchmarks, disability and veteran affirmative action plans, and transparency in workforce demographic data. The blog provides guidance on navigating evolving federal regulations impacting employers with government contracts.
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Breaking News: OFCCP Publishes Proposed Modifications to Audit Scheduling Letter and Itemized Listing
On the eve of the Thanksgiving holiday, OFCCP has published proposed modifications to the Scheduling Letter and accompanying Itemized Listing. The deadline to submit comments on the proposed changes is January 20, 2023.
As a reminder, while OFCCP gives…
Center for Investigative Reporting Files Lawsuit Seeking Release of Federal Contractor EEO-1 Reports
As we previously reported, in 2019 Will Evans from The Center for Investigative Reporting (CIR) submitted a FOIA request to OFCCP seeking all Type 2 Consolidated EEO-1 Reports filed by federal contractors from 2016-2020. In response to the request,…
EEOC Replaces “EEO is the Law” Poster and OFCCP Supplement with “Know Your Rights” Poster
Last week, the EEOC and OFCCP announced the replacement of the “EEO is the Law” poster in favor of a new poster called the “Know Your Rights” poster. Both EEOC and OFCCP have updated their websites accordingly. Importantly, as…
OFCCP Continues to Encourage Functional AAPs via Revision 3 to FAAP Directive
Since 2013, OFCCP has revised its Functional Affirmative Action Plan (FAAP) Directive several times, most recently to make it easier for covered federal contractors and subcontractors to obtain its permission to create AAPs by functional unit.
AAP regulations require…
BREAKING NEWS: OFCCP Extends Deadline to October 19 to File Responses to EEO-1 FOIA Notice
OFCCP has announced it is extending the deadline for contractors to respond to the Agency’s August 19, 2022 Notice of Request Under the Freedom of Information Act for Federal Contractors’ Type 2 Consolidated EEO-1 Report Data. The new deadline…
New OFCCP Guidance on Portal Registration for Higher Education Institutions
OFCCP’s regulations were designed for the typical private sector contractor. As a result, higher educational institutions, particularly colleges and universities, often struggle with fitting their “round pegs” processes into the “square holes” that OFCCP designed. OFCCP’s Contractor Portal is no…
OFCCP Announces Construction Contract Award Portal
OFCCP announced today it will launch the Notification of Construction Contract Award Portal (NCAP) on August 26, 2022. While the NCAP is not yet live, OFCCP has launched an NCAP informational page with background information. The page will eventually include…
OFCCP Announces Notice of Widespread Request for Contractors EEO-1 Reports and Opportunity to Object
According to OFCCP, on June 2, 2022, the Center for Investigative Reporting sent OFCCP a request for the disclosure of
. . .Type 2 EEO-1 reports for all federal contractors, including first-tier subcontractors, from 2016-2020….
The Center for Investigative…
OFCCP Publishes Updated Compensation Directive Clarifying Requirements to Demonstrate Compliance
There has been lot of talk in the months since OFCCP released Directive 2022-01: Advancing Pay Equity Through Compensation Analysis, with the topic of attorney-client privilege being the primary topic of concern. So much so that OFCCP Director Jenny…