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Laura A. MitchellBlog Posts

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  • 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
  • Washington State to Join the Growing List of States with Expanding Pay Disclosure Requirements

    The rise of state pay transparency laws continues, this time with Washington doubling down on its most recent round of pay equity legislation. If new legislation currently on the desk of Governor Inslee becomes law, Washington employers will soon be required to make affirmative compensation-based disclosures to both applicants and employees. To date, Washington has... Continue Reading
    March 23, 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
  • President Biden Signs Executive Order Promoting Pay Equity and Transparency

    In addition to digesting OFCCP’s release of a new directive on compensation, government contractors may soon see new regulations around inquiries into and the use of prior salary information.  In conjunction with Equal Pay Day, President Biden signed a new Executive Order on Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency.  Read... Continue Reading
    March 17, 2022