Affirmative Action & OFCCP Law Advisor

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As we reported last week, in light of three Supreme Court cases addressing religious freedoms, OFCCP has issued a new Directive 2018-3 and a press release regarding “religion-exercising” organizations and individuals. The Directive cites three recent Supreme Court cases as well as Executive Orders issued by President Trump. With respect to the court cases, the Directive notes: Recent court decisions have addressed the broad freedoms and anti-discrimination protections that must be afforded religion-exercising organizations…
In the Directive released late last week, OFCCP announced its plan to start scheduling focused reviews starting in Fiscal Year 2019.  OFCCP’s fiscal year begins October 1. Directive 2018-04 directs OFCCP staff to “work towards ensuring that a portion of future scheduling lists, starting with Fiscal Year 2019, include focused reviews as to each of the three authorities that OFCCP enforces,” with the three authorities being Executive Order 11246, VEVRAA and Section 503 of the…
As discussed during the 2018 ILG National Conference, Acting Director Craig Leen has released a Directive formalizing OFCCP’s plans to start initiating focused reviews.  Acting Director Leen, simultaneously released a Directive addressing religious discrimination – a topic not broadly (or otherwise) discussed during the Agency’s recent public engagements. The stated purpose of Directive 2018-03: Executive Order 11246 Sec 204(c), religious exemption is “to incorporate recent developments in the law regarding religion-exercising organizations and individuals. The…
Even though it feels as thought we are still in the midst of summer, the time is here for annual VETS-4212 reporting.  The portal is now open for the 2018 filing season which started on August 1, 2018 and ends on September 30, 2018. If you recall, last year, VETS clarified that in addition to using a traditional workforce snapshot from between July 1, 2018 and August 31, 2018 to complete the filing, contractors have the option of using…
Following the tone of the preceding days, the 2018 ILG National Conference closed Friday morning with a friendly conversation between Acting Director Craig Leen and NILG Chair Paul McGovern.  The two discussed several of the themes and OFCCP initiatives addressed during the conference: Transparency, certainty and the Rule of Law The Agency’s audit scheduling process Directive 307 and pay discrimination OFCCP’s Pre-Determination Notice Directive The “Contractor Bill of Rights“, which Leen explained was more of a “statement…
Day two of the 2018 ILG National Conference has concluded and it was another day packed with information and insights for attendees. Riding the “waves of change”, over the past two days OFCCP and officials from the U.S. Department of Labor Solicitor’s Office as well as the EEOC, have shared their insights, thoughts, and new initiatives and desires for enforcement and compliance. Yesterday, in addition to releasing the “What Contractors Can Expect” expectations, Acting Director Craig
It has been a busy morning on the first day of the 2018 ILG National Conference in Anaheim, California.  After a dramatic and moving opening presentation, OFCCP Acting Director Craig Leen gave the morning’s Keynote address.  Echoing the conference’s “Navigating the Waves of Change” theme, Acting Director Leen spoke to the group about the four pinnacles of change the current administration is focused on, which are: Transparency Certainty Efficiency Recognition Shortly after his address, in…
With confirmation from a Department of Labor spokesperson, Bloomberg News is reporting that Ondray Harris will soon be leaving his role as OFCCP Director.  While the reason for his departure was not disclosed, Bloomberg is reporting he will be stepping down from his role at the end of this week. Bloomberg is reporting Senior Advisor Craig Leen will be serving as interim Director until a permanent Director is named.  If  you remember, prior to Harris’ appointment as Director, there…
Early in the Trump Administration, it was proposed to move OFCCP into the EEOC.  Congress subsequently rejected the budget proposal containing the proposed merger and the idea was put to rest. Not to give up it’s quest to streamline the Administration and propose budget-saving measures, the Administration recently proposed a merger of the Departments of Labor and Education into an umbrella agency to be named The Department of Education and the Workforce.  According to a statement by Mick Mulvaney, Director of Office…
As we recently reported, OFCCP is evaluating affirmative action obligations for TRICARE providers and expects to publish rulemaking on this front next year.  In connection with this, to allow time for the rulemaking process, as well as to allow time for any potential related legislative action, OFCCP announced it has extended the enforcement moratorium for TRICARE providers. The current moratorium is set to expire in May 2019.  The new Directive, known as Directive 2018-02,…