Two days prior to the 2023 contractor portal certification deadline, the Office of Federal Contract Compliance Programs (OFCCP) updated the certification guidance on its contractor portal frequently asked questions (FAQ) page. The agency did not make a public announcement about the changes, other than changing the “last updated” date at the bottom of the FAQs to June 27, 2023.
The Office of Federal Contract Compliance Programs (OFCCP) posted an updated final notice of the agency’s impending release of EEO-1 Type 2 (Consolidated) reports for 2016–2020 to all entities that may be subject to the Center for Investigative Reporting’s Freedom of Information Act (FOIA) request. The deadline for contractors appearing on the non-objectors list to respond to OFCCP has been extended from February 7, 2023, to 11:59 p.m. EST on February 17, 2023.
On January 18, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a notice proposing to modify its complaint process by adding a pre-complaint step whereby a complainant would be able to lay out basic allegations to allow OFCCP to make an initial assessment on whether the complaint would be proper and would be worth investigating.
In response to a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting, the Office of Federal Contract Compliance Programs (OFCCP) is preparing to release the 2016-2020 EEO-1 Type 2 (Consolidated) reports of federal contractors that did not previously object to disclosure. OFCCP’s List of Non-Objectors identifies more than 13,000 entities whose EEO-1 reports OFCCP plans to release in response to the FOIA request.
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a Corporate Scheduling Announcement List (CSAL) identifying 500 establishments of federal supply and service contractors and subcontractors for compliance reviews.
On November 15, 2022, an investigative reporter and a nonprofit news organization sued the U.S. Department of Labor (DOL) under the Freedom of Information Act (FOIA). The investigative reporter previously submitted multiple FOIA requests for federal contractors’ and first-tier subcontractors’ Type 2 Consolidated EEO-1 Report data to the DOL’s Office of Federal Contract Compliance Programs (OFCCP).
On August 31, 2022, the Biden administration updated its Safer Federal Workforce Task Force guidance on the federal contractor COVID-19 vaccine mandate. According to the new guidance, “the Federal Government will take no action to implement or enforce Executive Order 14042.
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued unpublished notice of a broad Freedom of Information Act (FOIA) that impacts the federal contracting community.
The Office of Federal Contract Compliance Programs (OFCCP) held a webinar on February 1, 2022, regarding the new OFCCP Contractor Portal requiring contractor verification of affirmative action programs (AAP) compliance.
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
As we reported earlier this year, on August 31, 2021, the Office of Management and Budget (OMB) approved the new system that the Office of Federal Contract Compliance Programs (OFCCP) developed for federal contractors to submit affirmative action programs (AAPs). The new system is designed to provide covered federal contractors a method of entering, tracking, and submitting AAPs for review by OFCCP.
At long last, on August 31, 2021, the Office of Management and Budget (OMB) approved the new system that the Office of Federal Contract Compliance Programs (OFCCP) developed for federal contractors to submit affirmative action programs (AAPs). The Affirmative Action Program Verification Interface (AAP-VI) is designed to provide covered federal contractors a method of entering, tracking, and submitting AAPs for review by OFCCP.
According to the Office of Federal Contract Compliance website’s leadership team page, Jenny Yang has replaced Craig Leen as director of the agency. Yang previously served on the U.S. Equal Employment Opportunity Commission (EEOC) from 2013 to 2018 and served as a commissioner, vice chair, and chair for the agency (the latter from 2014 to 2017). Yang spearheaded the EEOC’s drive to collect pay data from private employers as part of the EEO-1 report.
Some anticipate that President-elect Joseph Biden will revoke the Trump administration’s Executive Order (EO) 13950 that restricts the content of certain diversity-related workplace trainings. On December 22, 2020, the United States District Court for the Northern District of California issued a nationwide preliminary injunction in the case of Santa Cruz Lesbian and Gay Community Center d/b/a The Diversity Center of Santa Cruz v. Trump, holding that the plaintiffs had demonstrated (among other things) a sufficient likelihood of success on their claims that EO 13950 is unconstitutional on its face. The order, which went into effect immediately and on a nationwide basis, allows private federal contractors and federal grant recipients to conduct workplace training programs and related activities without facing penalties for “stereotyping” or “scapegoating” under EO 13950. While the injunction does not impact trainings provided to federal employees, on December 22, 2020, a group of U.S. Department of Justice (DOJ) employees circulated a letter calling for an official investigation into EO 13950 and related executive branch actions targeting diversity-and-inclusion programs.
On September 22, 2020, President Donald Trump signed an executive order titled “Executive Order on Combating Race and Sex Stereotyping.” The executive order follows a September 4, 2020, memorandum from Russell Vought, director of the Office of Management and Budget, and introduces requirements for government contractors conducting diversity and inclusion (D&I) trainings. It is clear from the order that covered contracts, subcontracts, and grants with the U.S. federal government must control for specific language related to workplace trainings, but the order otherwise lacks guidance about changes covered contractors must make when training on D&I issues.
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.
Recently, the Office of Federal Contract Compliance Programs (OFCCP) began posting in its Freedom of Information Act (FOIA) Library links to conciliation agreements between the agency and federal contractors that contain only material technical violations.
On October 17, 2018, the Trump administration issued its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions, which reports on actions administrative agencies plan to issue within the next year.
On August 24, 2018, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued three directives, including Directive 2018-07, Affirmative Action Program Verification Initiative, which aims at ensuring covered contractors are annually preparing and implementing written affirmative action programs (AAPs). This directive could have a wide-ranging impact on covered contractors, especially those that encounter challenges in preparing written AAPs annually.
In keeping with the theme of recognition that Acting Director Craig Leen shared earlier in August at the 2018 National Industry Liaison Group (NILG) conference, on August 24, 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2018-06, “Contractor Recognition Program.”
With any change in presidential administration, it is typical to see turnover of the highest-ranking personnel in a federal agency. Those transitions appear to be occurring rapidly at the Office of Federal Contract Compliance Programs (OFCCP), as several key OFCCP staffers have quietly left the agency or announced an imminent departure within the last month
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
On March 28, 2018, the Office of Federal Contract Compliance Programs (OFCCP) announced that it will be sending out a survey “to gather more information about how [OFCCP] can continue improving communication, transparency, and timeliness during our compliance evaluations.”
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
In a move toward greater transparency, the Office of Federal Contract Compliance Programs (OFCCP) recently issued Directive 2018-01 affecting the use of predetermination notices (PDNs) in discrimination cases. OFCCP uses PDN letters to inform contractors of preliminary findings of employment discrimination.
