OFCCP Proposes Changes to Pre-enforcement Notice and Conciliation Procedures

On March 21, 2022, the Office of Federal Contract Compliance Programs (OFCCP) announced that it would publish a notice of proposed rulemaking (NPRM), entitled “Pre-enforcement Notice and Conciliation Procedures,” in the Federal Register on March 22, 2022. OFCCP’s proposal would modify a 2020 final rule that had codified various procedures to resolve potential employment discrimination.

Alabama DOL Publishes Emergency Rules for Handling Appeals to Employers’ Denials of Vaccine Exemption Requests

Alabama Governor Kay Ivey recently signed into law Senate Bill (SB) 9, which restricts Alabama employers from requiring COVID-19 vaccination as a condition of employment. SB 9 directs Alabama employers to “exempt vaccination as a condition of employment for any employee who has completed and submitted [an] exemption form” and “liberally construe [an] employee’s eligibility for an exemption in favor of the employee.”

OFCCP Announces Much Anticipated Details About Its New Contractor Portal

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.

OFCCP Publishes Latest Corporate Scheduling Announcement List (CSAL)

On July 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP) published a Corporate Scheduling Announcement List (CSAL identifying 750 Supply and Service establishment-based full compliance evaluations, Corporate Management Compliance Evaluations, Functional Affirmative Action Program (FAAP) Reviews and University Reviews.  OFCCP is not required by law to publish the CSAL, and the CSAL is distinct from the scheduling letter, which is the Office of Management Budget’s (OMB) approved letter “sent to an establishment to start the compliance evaluation process.”

OFCCP Director Update: Yang Replaces Leen as the New Director

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.

Is Your Organization Exempted From OFCCP Jurisdiction Under the VA MISSION Act?

The U.S. Department of Veterans Affairs (VA) Maintaining Internal Systems and Strengthening Integrated Outside Networks (MISSION) Act of 2018’s primary objectives are to provide veterans with greater access to health care in VA facilities and communities, to expand benefits for caregivers, and to improve the VA’s ability to retain and recruit the best medical providers.

Alabama Governor Signs Pay Equity Legislation

On June 11, 2019, Governor Kay Ivey signed Alabama House Bill 225, making Alabama the 49th state to adopt equal pay legislation. The act prohibits an employer from paying an employee a lower wage rate than an employee of another race or sex for equal work in the same establishment, where job performance requires “equal skill, effort, education, experience, and responsibility” and occurs “under similar working conditions.”

Will Alabama Governor Sign Pay Equity Legislation?

Federal law already prohibits employers from paying an employee less than employees of another sex for equal work, unless the employer bases the wage difference on statutorily defined factors. Alabama and Mississippi were the only two states without corresponding state-specific laws until Representative Adline Clarke, D-Mobile, introduced Alabama House Bill 225 on March 19, 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.