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Laura A. MitchellBlog Posts

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OFCCP Publishes Voluntary Request for Information in Connection with Combatting Race and Gender Stereotyping Executive Order

As directed in the recent controversial Executive Order (EO) 13950– Combatting Race and Gender Stereotyping, OFCCP is publishing in the Federal Register a request for information (RFI) seeking to collect information regarding training materials that may contain “divisive concepts” or promote sex and race stereotyping or scapegoating. The Agency also held a public Stakeholder Call... Continue Reading…
October 21, 2020

OFCCP Publishes FAQs addressing Combating Race and Gender Stereotyping Executive Order

As promised, OFCCP has released a handful of Frequently Asked Questions (FAQs) addressing the President’s Executive Order Combating Race and Gender Stereotyping (Executive Order 13950). While limited in nature, the FAQs confirm what OFCCP has been expressing regarding the executive order, including the fact that the Order does not outright prohibit unconscious bias training but... Continue Reading…
October 7, 2020

Colorado Department of Labor Releases Proposed Rules Implementing Fair Pay for Fair Work Law

On September 29, 2020, The Colorado Department of Labor and Employment published proposed Equal Pay Transparency Rules (“EPT Rules”) providing guidance for implementation of the state’s new Equal Pay for Equal Work Law set to go into effect January 1, 2021.  They also published a corresponding Statement of Basis, Purpose, Specific Statutory Authority and Findings....… Continue Reading
October 2, 2020

OFCCP Unveils New Race and Gender Stereotyping Hotline

As instructed by last week’s Combatting Race and Sex Stereotyping Executive Order, OFCCP has set up a hotline to receive complaints of unlawful stereotyping.  The executive order directs OFCCP to establish a hotline and investigate complaints received under both this order as well as Executive Order 11246. . .  . Notably, the hotline is currently... Continue Reading…
September 30, 2020

OFCCP Launches Guidance Landing Pages for Promotion and Accommodation Focused Reviews

OFCCP’s most recent CSAL included, for the first time, establishments selected for promotion and accommodation focused reviews.  While the Agency has talked for sometime about initiating these types of focused reviews, there has been little information available to help contractors understand what the reviews will entail.   Today, the agency has provided some, albeit limited, insight... Continue Reading…
September 23, 2020

Breaking News: President Trump Issues Executive Order on Combating Race and Sex Stereotyping

On September 22, 2020 President Trump issued an Executive Order “on Combating Race and Sex Stereotyping” (“September 22 EO”) covering government contractors and certain grant recipients that outlines what those organizations cannot include in employee training. It appears, the September 22 EO covers all federal contractors and subcontractors and will require contracting agencies to insert... Continue Reading…
September 23, 2020

OFCCP Revises Recent (CSAL) Audit Scheduling List

We have learned that OFCCP has posted a revised version of the most recent CSAL on its website. Approximately 84 entries have been modified so that some promotion focused reviews have been changed to establishment reviews and in at least one instance, an additional establishment review was added. Also, it is worth noting that OFCCP... Continue Reading…
September 17, 2020

OFCCP Seeks Approval for Online AAP Certification – “Affirmative Action Program Verification Interface”

As reported in today’s Federal Register, OFCCP is seeking regulatory authority to: Require federal contractors to annually certify they have prepared AAPs via an online interface; and, Institute “a secure method” to electronically submit AAPs when contractors are scheduled for an audit. As we reported nearly a year ago, because OFCCP cannot conduct a compliance... Continue Reading…
September 14, 2020

OFCCP Releases New CSAL Audit Scheduling List

As anticipated, by perhaps earlier than expected, OFCCP has released the next round of anticipated audit.  The 2020 CSAL is included in OFCCP’s FOIA website.  The list has a total of 2,250 establishments and includes contractors selected for new accommodation and promotion focused reviews.  Institutions of higher education are also included in this list as... Continue Reading…
September 11, 2020

OFCCP Issues National Interest Exemption As Hurricane Laura Wreaks Havoc Across Southern US

As it has done previously, OFCCP announced a three-month (August 27, 2020 to November 27, 2020) national interest exemption from AAP federal contractor obligations for “contracts entered into specifically to provide Hurricane Laura relief.”  The exemption relieves these contractors from the obligations to prepare written AAPs under Executive Order 11246, Section 503 and VEVRAA. What... Continue Reading…
August 28, 2020