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.
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.
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.
On February 22, 2019, the Office of Federal Contract Compliance Programs (OFCCP) announced that it is on schedule to post its next Corporate Scheduling Announcement List (CSAL) in March 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.
For the third time in the last 10 years, on August 24, 2018, the Office of Federal Contract Compliance Programs (OFCCP) revamped its guidance on compensation investigation and enforcement by issuing Directive 2018-05 and publishing frequently asked questions (FAQs) on the new directive.
Just two weeks after the Office of Federal Contract Compliance Programs (OFCCP) released two directives under Acting Director Craig Leen, the agency released three more initiatives. On August 24, 2018, OFCCP announced three directives being rolled out as “part of the Department’s efforts to maximize the effectiveness of compliance assistance outreach.”
Hitting the ground running, Acting OFCCP Director Craig Leen released two new directives on August 10, 2018.
The U.S. Department of Labor has confirmed that Ondray Harris will be stepping down as director of the Office of Federal Contract Compliance Programs (OFCCP)—reportedly as early as by the end of this week. Harris’s appointment followed Thomas M. Dowd’s tenure as acting director and Patricia A. Shiu’s tenure as director.
According to a May 18, 2018, press release, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has extended its moratorium on enforcing the affirmative action obligations of TRICARE providers (a health care program of the U.S. Department of Defense that pays for the medical benefits of active duty and retired military personnel and their families).
The Office of Federal Contract Compliance Programs (OFCCP) recently released its scheduling methodology for the fiscal year (FY) 2018 scheduling list.
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.”
On February 1, 2018, the Office of Federal Contract Compliance Programs (OFCCP) mailed 1,000 corporate scheduling announcement letters (CSALs) to federal contractors and subcontractors. CSALs are sent to service and supply contractors to provide them with advance notice that they may be selected for an OFCCP compliance review.
According to an update on the website of the Office of Federal Contract Compliance Programs (OFCCP), there has been a shift in some “key personnel.” According to the changes, Ondray T. Harris will be the new OFCCP director. Harris was previously a senior adviser at the U.S. Department of Labor’s (DOL) Employment and Training Administration and from 2007 to 2010 the director of the Department of Justice’s Community Relations Service.
On August 31, 2017, the U.S. Department of Labor (DOL) announced that the agency will support Hurricane Harvey and Irma relief efforts in a number of ways, including by relaxing federal contractors’ requirements on a temporary basis. As part of the initiative, the Office of Federal Contract Compliance Programs (OFCCP) will be temporarily suspending certain requirements on federal contractors to allow “businesses involved in hurricane relief the ability to prioritize recovery efforts.”
The Office of Federal Contract Compliance Programs (OFCCP) recently updated the pay transparency provision that employers covered by Executive Order (EO) 11246, “Equal Employment Opportunity,” must post and include in their employee manuals and handbooks. The Pay Transparency Nondiscrimination Provision gives notice to applicants and employees that employers will not discriminate for inquiring about, discussing, or disclosing their pay or, under certain circumstances, the pay of other employees.
On February 17, 2017, the Office of Federal Contract Compliance Programs (OFCCP) mailed Corporate Scheduling Announcement Letters (CSAL) to federal contractors and subcontractors. The purpose of these letters is to give service and supply contractors advance notice that their company may be selected for an OFCCP compliance review.
Federal government contractors must comply with new privacy training procedures as a result of a final rule issued by the U.S. Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). As of January 19, 2017, federal contractors are required to meet training obligations to address the protection of privacy in accordance with the Privacy Act of 1974 and the handling and safeguarding of personally identifiable information (PII). The new rule added Subpart 24.3 (Privacy Training) to the Federal Acquisition Regulation (FAR) and a new standard contract clause (FAR 52.224-3) implementing the new requirements.
On January 25, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) announced that President Trump has appointed Victoria Lipnic to serve as the acting chair of the federal agency. Lipnic will take over for Jenny Yang, who has been the current chair since September of 2014.
On September 22, 2016, the U.S. Government Accountability Office (GAO) released a report evaluating the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP). The report, entitled “Equal Employment Opportunity: Strengthening Oversight Could Improve Federal Contractor Nondiscrimination Compliance,” largely covers the weaknesses in OFCCP’s compliance evaluations, which, according to the report, have an impact on the effectiveness of its enforcement efforts.
In recent years, the U.S Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has aggressively argued that healthcare providers that participate in one of three federal healthcare programs—Medicare, TRICARE, and the Federal Employee Health Benefits Program (FEHBP) —are federal subcontractors. With this goal in mind, OFCCP began to notice audits in early 2004 and engaged in protracted litigation with hospitals in Pennsylvania and Florida based on their FEHBP or TRICARE relationships.
Today, President Obama is expected to announce that the U.S. Equal Employment Opportunity Commission (EEOC) plans to require employers to report what they pay their employees—by gender, race, and ethnicity—to the federal government. The EEOC’s proposal will revise the existing EEO-1 report to require employers to start submitting reports on pay equity in addition to the materials they are currently required to submit.
On Monday, January 11, the Office of Federal Contract Compliance Programs’ (OFCCP) final rule on pay transparency, which prohibits federal contractors from discriminating against employees and applicants “who inquire about, discuss, or disclose their own compensation or the compensation of other employees or applicants,” will go into effect. OFCCP had published the rule, titled “Government Contractors, Prohibitions Against Pay Secrecy Policies and Actions,” which implements Executive Order 13665, Non-Retaliation for Disclosure of Compensation Information, in September of 2015 to curb prohibitions on employees’ discussions about pay with their coworkers.