Search

Search form

OFCCP Issues Opinion Letter Explaining Application of Executive Order 11246 Religious Exemption

Following on the heels of its final rule clarifying the religious exemption found at Section 204(3) of Executive Order (EO) 11246 and codified at 41 C.F.R. 60-1.5(a)(5) (the Exemption), OFCCP this week issued an Opinion Letter addressing the scope of the Exemption.   Specifically, the Opinion Letter provides insights on “six possible religious discrimination scenarios.” As... Continue Reading…
January 12, 2021

OFCCP Extends Comment Deadline for Annual AAP Certification Proposal

OFCCP has published a notice in the Federal Register extending the public comment period on its proposal to require federal contractors to submit an annual certification of their AAP compliance.  The new comment deadline is January 28, 2021.  While this notice does not state the reason for the extension, it appears the Agency received only... Continue Reading…
January 4, 2021

Court Order Stops Enforcement of President Trump’s Executive Order on Combatting Race and Sex Stereotyping

Since it was issued in September 2020, Executive Order 13950 – Combatting Race and Sex Stereotyping has been a source of controversy and criticism.  Speculation as to the fate of the Executive Order in the future Biden/Harris administration has accelerated in recent weeks with talks of rescission and legal challenges.  While we await the ultimate... Continue Reading…
December 23, 2020

OFCCP Issues Directive on Fourth Agency Pillar of Certainty

OFCCP issued today the last of a series of Directives aimed at defining the Agency’s enforcement relationship with federal contractors – this Directive 2021-02 focuses on providing federal contractors “Certainty” when interacting with the Agency. Since he took the leadership role, OFCCP Director Craig Leen has focused on providing federal contractors with “four pillars” on... Continue Reading…
December 15, 2020

OFCCP Publishes Small Contractor Technical Assistance Guide

Rounding out the Agency’s efforts to beef up its Technical Assistance Guides (TAGs) for different types of federal contractors, OFCCP recently published a “Small Contractor” TAG.  TAGs can be helpful resources for both new and experienced federal contractors, and the aim of this TAG is to guide those small contractors with limited resources through the... Continue Reading…
December 9, 2020

OFCCP Publishes Final Regulation Clarifying Religious Exemption Under Executive Order 11246

As anticipated, on December 7, 2020, OFCCP published on its Website a lengthy final rule clarifying the religious exemption found at Section 204(3) of Executive Order (EO) 11246 and codified at 41 C.F.R. 60-1.5(a)(5) (the Exemption). The purpose of this final rule is to clarify the contours of the E.O. 11246 religious exemption and the... Continue Reading…
December 8, 2020

EEOC Launches Searchable Database of Aggregated EEO-1 Data

In December 2018, the EEOC created the Office of Enterprise Data and Analytics (OEDA). Since its inception, the OEDA has been working on modernizing EEO data availability. On December 2, 2020 EEOC launched EEOC Explore, which aggregates publicly available EEO-1 data (currently limited to EEO-1 data sets from 2017 and 2018) into a series of... Continue Reading…
December 4, 2020

UPDATE: Race and Sex Stereotyping Notice Provision Now Available for Inclusion in New Contracts

The Department of Defense has published a Memo and provided the Clause which its contracting agencies are now required to include in new contracts after the November 21, 2020 effective date of Executive Order 13950 – Combating Race and Sex Stereotyping.  The notice identifies this as a “class deviation”  that is “effective immediately” and “remains... Continue Reading…
December 3, 2020

OFCCP Final Rule For Procedures to Resolve Potential Employment Discrimination Published

As we previewed last week, OFCCP’s rule codifying procedures for resolving allegations of potential discrimination through the use of a Pre-Determination Notice (PDN) or Notice of Violation (NOV) has been officially published in the Federal Register. The main purpose of rule is to codify practices to “provide contractors with greater certainty” about the procedures OFCCP... Continue Reading…
November 10, 2020

OFCCP Publishes Final Rule on Procedures for Resolving Potential Employment Discrimination

OFCCP has published a final rule formally codifying two notices used by the Agency to resolve potential findings of discrimination: the Predetermination Notice (PDN) and the Notice of Violation.  The Rule is the final version of the proposed rule published at then end of last year. OFCCP stated in its press release that it believes... Continue Reading…
November 5, 2020

Pages