Affirmative Action & OFCCP Law Advisor

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

This is the second in our series of blogs on OFCCP’s proposed changes to its various scheduling letters. Our previous publication focused on the Agency’s new Section 503 and VEVRAA Focused Reviews.  In addition to rolling out the new Focused Reviews, OFCCP has also revived the Compliance Check, which has not been used in recent years. There were 500 Compliance Checks on OFCCP’s recent CSAL list, published in March. Intended to evaluate whether contractors…
As we reported last week, OFCCP published in the Federal Register for Notice and Comment revised scheduling letters for Section 503 and VEVRAA Focused Reviews, Compliance Checks, and regular establishment compliance reviews. As a reminder, scheduling letters initiate a compliance review and set forth the required items contractors must provide to OFCCP in an audit. Over the next several days, we will post additional blogs about the proposed scheduling letters and the key changes that may…
At the end of today’s hearing regarding employers’ EEO-1 pay data reporting obligations, Judge Tanya S. Chutkan entered an Order giving the parties until the end of the day on Monday, April 22 to file summaries of the day’s hearings and proposed Orders with corresponding case law for her to review. EEOC has proposed to start collecting the data through the use of a third-party with a September 30, 2019 deadline. Employers are awaiting Judge Chutkan’s decision…
Last Week, OFCCP Director Craig Leen and Deputy Assistant Secretary of the Office of Disability Employment Policy (“ODEP”) Jennifer Sheehy, joined with the National Industry Liaison Group to discuss disability and inclusion. With 500 Section 503 Focused Reviews on OFCCP’s March 2019 CSAL list, the timing was perfect to hear directly from the OFCCP Director on his expectations from contractors on disability and inclusion issues. Before diving into Section 503 Focused Reviews, Director Leen started…
On April 12, 2019, OFCCP posted on the Federal Register for Notice and Comment revised scheduling letters for Section 503 and VEVRAA Focused Reviews, Compliance Checks and regular establishment compliance reviews. The proposed Establishment and Focused Review scheduling letters significantly increase the data submission required for veterans and individuals with disabilities, including hiring and compensation information. Comments are due June 11, 2019. We are still digesting this and will provide more detail soon.…
It appears employers will need to wait a bit longer to learn when they will be required to file their EEO-1 pay data. In an order filed April 11, Judge Tanya S. Chutkan set a hearing for 2:00 p.m. Eastern on April 16, 2019 for the parties to present their cases regarding the government’s compliance with her order to reinstate the EEO-1 pay data reporting obligation.  Judge Chutkan ordered that Defendants shall have representatives from…
In furtherance of its work as an enforcement agency and its commitment to conduct reviews of more contractors, OFCCP posted in the Federal Register on Monday, April 8, 2019 its proposal for a series of compliance check audit letters for construction contractors. The agency is request feedback on two proposed construction compliance check letters  – federally assisted versus a direct federal contract. OFCCP proposes those construction companies that hold direct federal contracts will be required to submit:…
In a status update filed April 3, 2019, the government informed the court that EEOC could complete collection of the required EEO-1 Component 2 pay data by September 30, 2019, but only if it utilized a third party data collector to do so. The update was filed in response to Judge Tanya S. Chutkan’s request that the government provide the court with its plan to comply with her March 4, 2019 ruling that over-turned the stay on the pay data…
Just in time for its next round of audits, OFCCP has released its annual review of the Vietnam Era Veterans Readjustment Assistance Act (“VEVRAA”) benchmark.  And for the fifth consecutive year, the benchmark has been reduced benchmark.  It is now at 5.9%.  The new benchmark will be effective for affirmative action plans updated after March 31, 2019. At its inception in March 2014, the benchmark was set at 7.2% and has been subsequently
Today, OFCCP issued its first Corporate Scheduling Announcement List (CSAL) of 2019, providing advance notification of compliance reviews, including CMCEs, Section 503 Focused Reviews and compliance checks. True to expectations, the Agency vastly increased the number of locations subject to review to more than 3,500. OFCCP continued its new policy of transparency by publishing the list of contractors undergoing reviews on its website. Contractors should review the CSAL as OFCCP, for the first time, will no longer…