Affirmative Action & OFCCP Law Advisor

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

On the eve of St. Valentine’s Day, OFCCP is wanting contractors to feel the love.  In its fourth directive of fiscal year 2019, OFCCP has unveiled a Voluntary Enterprise-wide Review Program, otherwise referred to as VERP.  Directive 2019-04 states VERP enables OFCCP to blend its compliance evaluation and compliance assistance activities to work with high‐performing contractors toward a mutual goal of sustained, enterprise‐wide (corporate‐wide) compliance, outside of OFCCP’s neutral establishment‐based scheduling process. The directive highlights…
Last August we reported on OFCCP’s announcement  (DIR 2018-04) that starting in 2019 it would be conducting truncated “Focused Reviews” that centered on compliance with AAP requirements under Section 503 (Individuals with Disabilities) and VEVRAA (Veterans). If everything goes according to OFCCP’s plan, the next round of CSALs will include notices for these more limited Focused Reviews under Section 503.  In total, OFCCP expects to conduct 500 focused reviews in FY2019.  While Director Leen had…
The EEOC announced on February 1, 2019 that due to the partial government shutdown, the 2018 EEO-1 filing  portal will open “in early March” for filing of 2018 reports.  As a result of the delayed opening, EEOC has extended the filing deadline by two months.  The new deadline by which to file is May 31, 2019. As a refresher, the typical EEO-1 filing deadline was changed to the first quarter of each year (from the third quarter)…
As part of OFCCP’s continuing efforts at transparency, the Agency in late-November 2018 issued a Directive stating it would develop “a dynamic and searchable publically available source of Help Desk questions and answers to assist contractors.”  Moreover, the Directive announced OFCCP would issue Opinion Letters to provide guidance on specific topics, either in response to Help Desk inquiries or in response to direct requests for Opinion Letters.       OFCCP is now actively seeking input…
As OFCCP heads into 2019, with an official Director in place, the Agency is looking towards implement many of its new Directives released in the second half of 2018. Back in September, we discussed OFCCP Directive 2018-09: OFCCP Ombud Service, one of the number of policy changes OFCCP hoped to develop to increase a sense of transparency and impartiality between it and government contractors. On December 21, OFCCP took the first step…
As reported by Bloomberg Law, and reflected on OFCCP’s website, former OFCCP Acting Director Craig Leen has now been formally named Director of OFCCP.  Since being placed in the acting role this past Summer when the position was vacated by Ondray Harris, Leen has overseen the release of ten new directives and has worked tirelessly to rebuild the relationship with the Agency and the contractor community focusing on four pillars of transparency, certainty, efficiency and
In preparation for the 2019 launch of its veteran hiring initiative, the Department of Labor announced a list of award recipients for its pilot “HIRE VETS Medallion Program Demonstration Award” on Wednesday, December 19. President Trump signed the HIRE (Honoring Investments in Recruiting and Employing American Military Veterans) Vets Act on May 5, 2017. HIRE required the DOL to establish rules for an award program that recognizes employers who make extra efforts to recruit, hire,…
With less than a week left on the December 21st deadline to reach a spending deal and avoid another government shutdown, tensions are high in Washington D.C.  On Tuesday, President Trump stated he would refuse to sign a spending bill that did not contain a $5 billion allocation for a border wall.  It is questionable, however, whether such a bill would pass in the House or Senate. Thus, it is possible we will see…
As we reported on Friday, November 30, OFCCP began it’s 2019 fiscal year by releasing a rash of new directives. On Monday, we looked at the rescission of Obama Administration’s Active Case Enforcement (ACE) directive. Yesterday, we reviewed OFCCP’s new guidance on Early Resolution Procedures. Today we review the third Directive – Directive 2019-03: Opinion Letters and Help Desk. Under Directive 2019-03 (effective November 30, 2018), OFCCP continues its trend towards increased…
As we reported last Friday, OFCCP has kicked-off 2019 with a bang – issuing three directives in a single day. Yesterday we reported on the first of three new Directives OFCCP issued to kick off fiscal year 2019. Today we cover the second Directive – Directive 2019-02: Early Resolution Procedures. Under Directive 2019-02 (effective November 30, 2018), OFCCP will offer contractors the opportunity to voluntarily remedy compliance deficiencies found in establishment-based compliance evaluations,…