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Laura A. MitchellBlog Posts

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  • OFCCP Continues to Encourage Functional AAPs via Revision 3 to FAAP Directive

    Since 2013, OFCCP has revised its Functional Affirmative Action Plan (FAAP) Directive several times, most recently to make it easier for covered federal contractors and subcontractors to obtain its permission to create AAPs by functional unit.  AAP regulations require establishment AAPs but allow for the option to prepare plans by separate “functional units,” provided each... Continue Reading…
    September 28, 2022
  • BREAKING NEWS: OFCCP Extends Deadline to October 19 to File Responses to EEO-1 FOIA Notice

    OFCCP has announced it is extending the deadline for contractors to respond to the Agency’s August 19, 2022 Notice of Request Under the Freedom of Information Act for Federal Contractors’ Type 2 Consolidated EEO-1 Report Data.  The new deadline by which affected contractors need to submit objections is October 19, 2022 to “ensure that Covered... Continue Reading…
    September 15, 2022
  • New OFCCP Guidance on Portal Registration for Higher Education Institutions

    OFCCP’s regulations were designed for the typical private sector contractor.  As a result, higher educational institutions, particularly colleges and universities, often struggle with fitting their “round pegs” processes into the “square holes” that OFCCP designed.  OFCCP’s Contractor Portal is no exception. The Portal identifies employer establishments based on EEO-1 Reports filed from 2018.  But higher... Continue Reading…
    August 30, 2022
  • OFCCP Announces Construction Contract Award Portal

    OFCCP announced today it will launch the Notification of Construction Contract Award Portal (NCAP) on August 26, 2022.  While the NCAP is not yet live, OFCCP has launched an NCAP informational page with background information.  The page will eventually include FAQs, how-to videos, and a User Guide. The purpose of the NCAP is distinct from... Continue Reading…
    August 22, 2022
  • OFCCP Announces Notice of Widespread Request for Contractors EEO-1 Reports and Opportunity to Object

    According to OFCCP, on June 2, 2022, the Center for Investigative Reporting sent OFCCP a request for the disclosure of  . . .Type 2 EEO-1 reports for all federal contractors, including first-tier subcontractors, from 2016-2020…. The Center for Investigative Reporting, and other persons and organizations, have a history of requesting EEO-1 reports for various employers... Continue Reading…
    August 18, 2022
  • OFCCP Publishes Updated Compensation Directive Clarifying Requirements to Demonstrate Compliance

    There has been lot of talk in the months since OFCCP released Directive 2022-01: Advancing Pay Equity Through Compensation Analysis, with the topic of attorney-client privilege being the primary topic of concern.  So much so that OFCCP Director Jenny Yang addressed the issue in her remarks last month at the NILG National Conference.  Today, OFCCP ... Continue Reading…
    August 18, 2022
  • Study of EEO-1 Component 2 Pay Data Released

    As the 2022 NILG National Conference was coming to a close, the EEOC released the long-awaited National Academy of Sciences report on the EEOC’s Pay Data Collection Completed in 2020. The study, titled Evaluation of Compensation Data Collected Through the EEO-1 Form, is a dense read at over 275 pages. The report found however, that... Continue Reading
    July 28, 2022
  • OFCCP Provides Additional Information Regarding OFCCP Contractor Portal

    It’s been a busy morning for government contractors!  As the NILG 2022 National Conference in Boston, Massachusetts was coming to a close and EEOC was releasing the NAS study on the EEO-1 Component 2 pay data collection tool, OFCCP was communicating with contractors about the OFCCP Contractor Portal. In an e-mail communication, OFCCP provided a... Continue Reading…
    July 28, 2022
  • Study of EEO-1 Component 2 Pay Data Released

    As announced, as the 2022 NILG National Conference was coming to a close, EEOC released the long-awaited National Academy of Sciences report on the EEOC’s Pay Data Collection Completed in 2020. The study, titled Evaluation of Compensation Data Collected Through the EEO-1 Form, is a dense read at over 275 pages. The high level conclusion... Continue Reading…
    July 28, 2022
  • NILG 2022 National Conference Wrap Up

    The final day of the NILG 2022 National Conference is upon us.  As has become  tradition, conference attendees heard from a panel of the OFCCP Regional Directors who shared insights from their respective regions and provided thoughts and recommendations for contractors. The themes of early resolution, continued focus on systemic pay and hiring cases and... Continue Reading…
    July 28, 2022

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