BREAKING NEWS: No EEO-1 Reporting in 2020

EEOC has announced there will be no EEO-1 reporting obligation in 2020. In a press release, EEOC acknowledged it will delay the anticipated opening of the 2019 EEO-1 Component 1 data collection and the 2020 EEO-3 and EEO-5 data collections because of the Coronavirus Disease 2019 (COVID-19) public health emergency. The announcement stated that [p]ending... Continue Reading…
May 7, 2020

OFCCP Posts Guidance on Upcoming Veteran Focused Reviews

As anticipated, but with little fanfare, OFCCP has published a VEVRAA Focused Review landing page.  Much like the page it created for Section 503 Individuals with Disabilities Focused Reviews, the Agency’s veterans technical assistance page provides FAQs and Best Practices. With the recent approval of the VEVRAA Scheduling Letter and the release of this technical assistance... Continue Reading…
April 30, 2020

OFCCP Issues Ombuds Service Protocol Detailing the Role of the Ombudsman

In the third of three new Directives (Directive (DIR) 2020-04), OFCCP has formalized and clarified the role of the Ombudsman in facilitating resolution of conflict between contractors and OFCCP. The Ombuds Service Protocol, among other important clarifications to Directive (DIR) 2018–09, states: The mission of the Ombuds Service is to offer an impartial and independent... Continue Reading…
April 21, 2020

OFCCP Formalizes a Neutral Mediation Program to Address Discrimination Allegations

In the second of the three most recent OFCCP Directives, OFCCP has formalized a pre-referral mediation program “to provide the best opportunity for resolving matters before significant time and resources are spent in the enforcement process,” and prior to referring the case for enforcement to the Office of the Solicitor (SOL). Directive (DIR) 2020-03 dictates... Continue Reading…
April 20, 2020

Another Year, Another Reduced Veteran Hiring Benchmark

Under 41 CFR 60-300.45, OFCCP must publish the “national percentage of veterans in the civilian labor force” for contractors to use as a “hiring benchmark.”  OFCCP’s initial veteran hiring benchmark (in 2014) was 7.2% .   Every year since, this percentage of available veterans has decreased.   This year, the veteran hiring benchmark decreased again – from... Continue Reading…
April 20, 2020

OFCCP Releases New Directives to Improve the Enforcement Experience, Including a Commitment to Increase Efficiency In Audits

In case any of you have been wondering, OFCCP is not slowing down amidst the COVID-19 pandemic.  While the Agency has been thoughtful and reasonable in extending response times for audits and even granting a National Interest Exemption for new contractors helping respond to the pandemic, OFCCP continues to schedule new audits, now with newly... Continue Reading…
April 17, 2020

OFCCP’s New Scheduling Letters Result in Few Changes for Contractors

As we previously reported, OFCCP finally received approval of its new scheduling letters – and as a result federal contractors and subcontractors will be required to submit some additional information when selected for a Department of Labor compliance review.  So, what’s new?  As it turns out, not much.  Most of the most significant changes in... Continue Reading…
April 9, 2020

New OFCCP Scheduling Letters Finally Approved

At long last, OMB has finally approved OFCCP’s request to modify its scheduling letters, as well as approve a scheduling letter for VEVRAA Focused Reviews. At first glance it appears the scheduling letters and itemized listings more resemble OFCCP’s current scheduling letters and not the Agency’s initial requested modifications. Notably, the question requiring contractors to... Continue Reading…
April 7, 2020

OFCCP Says AAP Data Safe While the Agency Works Remotely

When federal contractors share sensitive data – including pay data – with the OFCCP, data security is always a concern.  Is your data any less secure during the COVID-19 pandemic as more compliance officers than usual work from home? Last week, OFCCP addressed this concern with a bulletin entitled, “OFCCP is Committed to Keeping Your... Continue Reading…
April 7, 2020

OFCCP Streamlines FAAP Approval Process During COVID-19 Pandemic

Consistent with its efforts to encourage federal contractors to consider functional affirmative action plans (FAAPs) as an alternative to establishment AAPs, OFCCP last week issued a bulletin stating it is open for FAAP business.  Because FAAPs require OFCCP approval and updating, OFCCP does not want current circumstances to deter contractors from FAAPs. In an effort... Continue Reading…
April 6, 2020

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