Breaking News: OFCCP Issues First CSAL Under New Leadership

Today, OFCCP under new Director Jenny Yang published a 2022 Corporate Scheduling Announcement List (CSAL) identifying those establishments of federal contractors and subcontractors that it will schedule for compliance evaluations – more commonly known as “audits” – over the next year or more.  Included with the new CSAL is OFCCP’s methodology for selecting contractors for... Continue Reading…
May 20, 2022

OFCCP Contractor Portal Update: Agency Launches Bulk Upload Option

The June 30, 2022 deadline is quickly approaching for covered supply and service federal contractors and subcontractors to certify in the Contractor Portal they have developed and maintained AAPs.  This week, OFCCP added an option allowing bulk upload and modification of establishments and functional affirmative action plan (FAAP) business units. Notably, OFCCP limits this functionality... Continue Reading…
May 18, 2022

Clarification on OFCCP’s New Compensation Directive 2022-01

Speaking to the Institute For Workplace Equality during its 2022 Annual Summit in Washington D.C., personnel from the U.S. Department of Labor Solicitor’s office (OFCCP’s attorneys) clarified the intent of the Agency’s new Compensation Directive 2022-01.  Speaking to conference attendees, Beverly Dankowitz, Associate Solicitor for the Civil Rights and Labor- Management, explained the purpose of... Continue Reading…
May 12, 2022

EEOC To Permit Short Window of Additional Time for Late EEO-1 Report Submissions

The 2021 EEO-1 Component 1 reporting period is currently underway.  Most employers with 100 or more employees (and most federal contractors with 50 or more employees) must submit their 2021 EEO-1 Component 1 Report by Tuesday, May 17, 2022.  In past years, for various reasons, the EEOC has extended this deadline to permit additional time,... Continue Reading…
April 29, 2022

Non-Binary Gender Reporting “Option” for 2021 EEO-1 Reports

As we reported the 2021 EEO-1 reporting portal is now open. More employers are collecting non-binary gender data from employees.  The EEOC however, is not authorized to require collection, or reporting, of non-binary employee data.  The current EEO-1 reporting form has fields only for the reporting of employee binary gender data.  So what are employers... Continue Reading…
April 21, 2022

2021 EEO-1 Data Collection Has Opened

EEOC has announced the opening of the 2021 EEO-1 Component 1 Data Collection platform.  The deadline to complete filing this year is May 17, 2022 – giving employers only 5 weeks to complete the reporting.  In an e-mail message announcing the opening, the  Agency encouraged filers to begin the filing process “as soon as possible.” ... Continue Reading…
April 12, 2022

New Veteran Hiring Benchmark Released

As it has done annually since its inception, OFCCP has released a new veteran hiring benchmark.  Effective March 31, 2022 the new veteran hiring benchmark (the percentage of total hires who are protected veterans that the contractor seeks to hire in the following AAP year) is 5.5%.  This is a 0.1% decrease from the 5.6%... Continue Reading…
April 12, 2022

OFCCP Reverts To Prior Enforcement Methods with New Audit Directive Rescinding Prior Transparency, Certainty Directives

OFCCP’s second Directive under the leadership of Director Jenny Yang addresses audit practices and rescinding four Directives issued by former OFCCP Director, Craig Leen.  This Directive comes on the heels of another new Directive 2022-01-Pay Equity Audits and a notice of the Agency’s intention to rescind a Leen-era regulation – Nondiscrimination Obligations of Federal Contractors... Continue Reading…
April 4, 2022

BREAKING NEWS: OFCCP Releases New Directive Setting Expectations of Contractors During Compliance Reviews

Directive 2022-02: Effective Compliance Evaluations and Enforcement issued March 31, 2022 is intended to strengthen OFCCP compliance evaluations and reduce delay by promoting the timely exchange of information It also sets a number of expectations for contractor conduct and compliance during reviews, rescinding a number of previous Directives that set out transparency and expectations and... Continue Reading…
March 31, 2022

OFCCP Releases Notice of Proposed Rulemaking to Rescind Pre-Enforcement Notice and Conciliation Procedures

As anticipated, OFCCP has released its proposal to revise the Agency’s Rule on Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination.  The final rule, published in November 2020, codified the used of The Predetermination Notice and the Notice of Violation as part of OFCCP’s enforcement activities. In today’s message from... Continue Reading…
March 21, 2022

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