The Ogletree OFCCP Bulletin: July 2020
Here are the latest developments from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP).
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No Rest for the Weary—Government Contractors’ EEO-1 Deadline Delayed Due to COVID-19, but VETS-4212 Filings Still on Schedule
While the U.S. Equal Employment Opportunity Commission (EEOC) postponed the 2019 EEO-1 filing deadline due to the COVID-19 pandemic, the Veterans’ Employment and Training Service (VETS), which is in charge of the VETS-4212 filings, has taken no such action—which means that government contractors may want to begin preparing promptly for the September 30, 2020, filing deadline.
EEOC to Fund Study of Employee Pay and Hours-Worked Data for 2017 and 2018
On July 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it had unanimously voted to fund a statistical study of the EEO-1 Component 2 data collected for 2017 and 2018. This additional EEO-1 data collection ordered by a federal district judge required employers to file reports showing employee pay and hours-worked information for 2017 and 2018.
EEOC Delays 2019 EEO-1 Filings and Ends Pay Data Collection—But What About the VETS-4212?
The Equal Employment Opportunity Commission (EEOC) recently announced a pair of major changes to the EEO-1 filing process. The most recent was on May 7, 2020, when the EEOC announced that due to the COVID-19 pandemic it was filing a notice in the Federal Register delaying collection of the 2019 EEO-1 report this year and requesting approval to collect both 2019 and 2020 EEO-1 data beginning in the first quarter of 2021.
OFCCP Announces August 2020 Deadline to Implement New Disability Self-ID Form
On May 8, 2020, the Office of Federal Contract Compliance Programs (OFCCP) announced an August 4, 2020, deadline for federal contractors and subcontractors to implement a new disability self-identification form to use when soliciting disability status from applicants and employees.
OFCCP Lowers VEVRAA Hiring Benchmark for the Sixth Consecutive Year
The Office of Federal Contract Compliance Programs (OFCCP) announced the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) hiring benchmark for 2020. Effective March 31, 2020, the hiring benchmark will be 5.7 percent, down from 5.9 percent in 2019—marking the sixth reduction of the benchmark since its inception in 2014.
OFCCP Issues National Interest Exemption for Coronavirus Response Efforts
In an effort to facilitate response efforts for COVID-19, Director Craig Leen of the Office of Federal Contract Compliance Programs (OFCCP) announced that it is issuing a national interest exemption on March 17, 2020, to new supply and service and construction contracts entered into from March 17, 2020, through June 17, 2020.
No VETS-4212 Filing Requirement for Federal Contractors Who Earn HIRE Vets Medallion Award
Under the president’s new budget, certain federal contractors would not be required to submit a VETS-4212 report in the year following receipt of a HIRE Vets Medallion Award.
OFCCP Posts Long-Awaited Technical Assistance Guide for Educational Institutions
On October 11, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published to its website the long-awaited Educational Institutions Technical Assistance Guide (TAG).
OFCCP Seeks Comments on Proposed Changes to Disability Self-Identification Form
On October 3, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register proposing changes to the required voluntary self-identification form that all federal contractors and subcontractors use when soliciting disability status from applicants and employees.
Component 2 No More After 2019? EEOC Doesn’t Request Renewal of EEO-1 Component 2
On September 11, 2019, the Equal Employment Opportunity Commission (EEOC) announced a new notice of information collection regarding the Employer Information Report (EEO-1).
Reporting Nonbinary Classifications to the EEOC: Guidance From a New FAQ
On August 15, 2019, the Equal Employment Opportunity Commission (EEOC) added a question and answer to its list of frequently asked questions (FAQs) addressing, among other things, a growing concern for many employers: how to report employees who identify as nonbinary in the EEO-1 Component 2 report.
OFCCP Announces Proposed Rule on Religious Exemption for Federal Contractors
On August 15, 2019, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released a Notice of Proposed Rulemaking (NPRM) focused on clarifying the civil rights protections for religious organizations that have federal contracts.
OFCCP’s Busy Friday: A New Ombudsman and Contractor Assistance Portal
The Office of Federal Contract Compliance Programs (OFCCP) announced on Friday, August 9, 2019, the appointment of Marcus Stergio to fill the ombudsman role in the agency’s national office. Stergio has varied experienced in dispute resolution and holds both a master’s degree in conflict resolution from the University of Massachusetts Boston and participated in Harvard Law School’s Program on Negotiation. Stergio’s role with the agency is to facilitate the resolution of disputes raised by contractors and other stakeholders, in conjunction with regional and district OFCCP offices.
OFCCP Releases Its New Compliance Assistance Guides
On August 2, 2019, the Office of Federal Contract Compliance Programs announced the release of its new compliance assistance guides.
OFCCP’s New Opinion Letter and FAQs Provide New Guidance to Contractors
In keeping with its commitment to promoting transparency, this week the Office of Federal Contract Compliance Programs (OFCCP) released an official opinion letter concerning pay analysis groupings (PAGs) and three sets of frequently asked questions (FAQs)—all of which are intended to provide additional compliance assistance to federal contractors.
EEOC Has Released EEO-1 Component 2 Upload File Specifications
The U.S. Equal Employment Opportunity Commission (EEOC) has released its Upload File Specifications for the 2017 and 2018 EEO-1 Component 2 reports. Given the number of data items required in the Component 2 reporting, the EEOC has designed a narrower file layout with the goal of making it easier for filers to create upload files.
EEOC Provides Guidance on EEO-1 Component 2 Filing
On July 1, 2019, the Equal Employment Opportunity Commission (EEOC) updated the Component 2 filing site with answers to frequently asked questions (FAQs) and other materials to assist filers with the submission of Component 2 data. Here are a few highlights from the new materials.
EEO-1 Update: More on Component 2 and EEOC Policy Change
Components 1 and 2 of the EEO-1: The deadline for employers to file EEO-1 reports for Component 1 data is fast approaching. Unless employers request an extension, which will be automatically granted until June 14, 2019, Component 1 EEO-1 reports are due on May 31, 2019.
OFCCP Publishes New Compliance Assistance Materials for Compliance Check Reviews
On May 8, 2019, the Office of Federal Contract Compliance Programs (OFCCP) went live with a new Compliance Checks webpage. Similar to the recent Section 503 focused reviews landing page, the Compliance Checks webpage offers federal contractors a variety of resources that will assist in preparing for and responding to a compliance check review.
EEO-1 Update: EEOC Selects to Collect 2017 Pay Data
As we previously reported, U.S. District Court for the District of Columbia Judge Tanya S. Chutkan ordered the Equal Employment Opportunity Commission (EEOC) to collect two years of EEO-1 Component 2 pay data including 2018 and pay data from either 2017 or 2019.
EEOC Posts Notice That EEO-1 Pay Data Collection Is Back
On April 29, 2019, the Equal Employment Opportunity Commission (EEOC) published a notice that the EEO-1 pay data collection is being reinstated immediately. According to the EEOC’s website, employers covered by EEO-1 reporting requirements must submit 2018 Component 2 EEO-1 (pay and hours worked) data for their workforces by September 30, 2019.
Breaking News: Judge Orders Employers to Report Pay Data by September 30
On April 25, 2019, U.S. District Court for the District of Columbia Judge Tanya S. Chutkan ruled that employers covered by EEO-1 reporting requirements must submit 2018 pay data for their workforces by September 30, 2019.
Court’s Final Decision on EEO-1 Pay Data Requirement Imminent
As a follow-up to our April 4, 2019, article, we wanted to provide you with the latest update on the status of the pay data requirement for 2018-EEO-1 reports.
Voluntary Self-Identification of Disability: Is it Time for Contractors to Resurvey Their Workforces?
The regulations that updated Section 503 of the Rehabilitation Act of 1973 took effect on March 24, 2014. These updates required federal contractors and subcontractors to invite their employees to voluntarily self-identify their status as an individual with a disability using the Office of Federal Contract Compliance Programs’ (OFCCP) official invitation, Form CC-305.
The Sky Is Not Falling: The Latest on the EEOC’s Possible Pay Data Component to the EEO-1 Report
On April 3, 2019, the Equal Employment Opportunity Commission (EEOC) submitted a memorandum to the judge in National Women’s Law Center, et al. v. Office of Management Budget, et al., who had requested that the EEOC inform the court of the agency’s plans to collect pay data in the EEO-1 report.
OFCCP Lowers VEVRAA Hiring Benchmark for Fifth Consecutive Year
On March 27, 2019, the Office of Federal Contract Compliance Programs (OFCCP) announced the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) hiring benchmark for 2019.
And So It Begins Again: OFCCP Has Posted New List of Contractors That May Be Audited
On March 25, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published a list of contractors and subcontractors identified for a potential compliance evaluation in Fiscal Year (FY) 2019 (which will end on September 30, 2019) on its Freedom of Information Act (FOIA) Library. The FY 2019 Corporate Scheduling Announcement Letter (CSAL) List is the first to be posted exclusively online, rather than sent through the United States mail.
The Pendulum Keeps Swinging—EEO-1 Pay Data Update
The 2018 EEO-1 Survey Site officially opened on Monday, March 18, 2019. While there was some confusion about this year’s filing requirement due to the recent court decision reinstating the pay data component, the current filing format is the same as last year, with no pay data required.
OFCCP Sheds More Light on Section 503 Focused Reviews
On March 8, 2019, the Office of Federal Contract Compliance Programs (OFCCP) announced that it has published a landing page containing information about Section 503 focused reviews.