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Laura A. MitchellBlog Posts

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BREAKING NEWS: Craig Leen to be Nominated for Role As Inspector General of Office of Personnel Management

In a surprising turn of events, the White House has announced today President Trump’s intent to nominate current OFCCP Director Craig Leen to the position of Inspector General of the Office of Personnel Management. There were not details around timing or potential OFCCP Director candidates provided in the release.  He would need to be confirmed... Continue Reading…
February 3, 2020

Diving into OFCCP’s Construction Contractor Technical Assistance Guide

The recently updated Construction Contractors Technical Assistance Guide (“TAG”) provides construction contractors substantial guidance in understanding their AAP obligations and how to fulfill those obligations.  Helpfully, the TAG addresses both technical compliance as well as best practices to achieve the spirit of the relevant statutes. The TAG is organized coherently and practically, beginning with an... Continue Reading…
January 31, 2020

Checking In On EEO-1 Reporting

While it feels like we just finished the EEO-1 reporting season, the time is here again to start preparing for filing of the “traditional” annual EEO-1 survey.  As it has for years, EEOC will again this year look to collect race and gender data from eligible employers.  Component 1 of the EEO-1 (not to be... Continue Reading…
January 28, 2020

Ban-the-Box Law Limits Criminal Background Inquiries by Federal Contractors Beginning in December 2021

The most recently authorized version of the National Defense Authorization Act (NDAA) includes a provision that will limit the ability of federal contractors to inquire into the criminal backgrounds of certain potential employees.  Beginning in December 2021, the Fair Chance Act will prohibit federal contractors from inquiring about a job applicant’s criminal background in certain cases in the... Continue Reading…
January 7, 2020

OFCCP Releases Updates to Federal Contractor Compliance Manual

Checking off another of it’s “To Dos”, OFCCP has published revisions and updates to the Federal Contractor Compliance Manual (FCCM).  The manual is the Agency’s “instruction manual” providing guidance for OFCCP’s compliance officers in conducting compliance evaluations and complaint investigations . . . Revisions to the guide have been promised for years, and the Agency... Continue Reading…
January 6, 2020

OFCCP Proposes Codification of Procedures for Addressing Alleged Discrimination and Defines Statistical Thresholds

OFCCP has published a Notice of Proposed Rulemaking (NPRM or Proposed Rule) proposing to codify procedures the agency uses to resolve potential violations of the affirmative action laws the agency enforces.  If approved, the regulation would significantly clarify (if not alter) both the procedures and substantive rules according to which OFCCP seeks to resolve allegations of... Continue Reading…
December 30, 2019

EEOC Renews Request to Close Component 2 Pay Data Portal

EEOC has filed another Motion with the court seeking an Order deeming Component 2 pay data collection complete.  In its most recent filing, EEOC requests the Court to revisit its previous decision and deem the collection obligation satisfied or, in the alternative, provide clarification “regarding the response rate at which the Court will deem the...… Continue Reading
December 20, 2019

EEOC Renews Request to Close Component 2 Pay Data Portal

EEOC has filed another Motion with the court seeking an Order deeming Component 2 pay data collection complete.  In its most recent filing, EEOC requests the Court to revisit its previous decision and deem the collection obligation satisfied or, in the alternative, provide clarification “regarding the response rate at which the Court will deem the... Continue Reading…
December 20, 2019

OFCCP Officially Reports It Will Not Use EEO-1 Component 2 Pay Data

Via Federal Register notice, OFCCP has officially stated the Agency will not request, accept, or use Component 2 data, as it does not expect to find significant utility in the data given limited resources and its aggregated nature, but it will continue to receive EEO-1 Component 1 data. The notice is a welcomed confirmation for... Continue Reading…
November 22, 2019

OFCCP Submits Proposed Regulation Requiring Issuance of Pre-Determination Notices

In a welcome turn for federal contractors, OFCCP last week submitted a proposed regulation to codify Directive 2018-01 – Use of Predetermination Notices (PDN).  The regulation would require OFCCP to issue a Predetermination Notice (PDN) in every audit summarizing the Agency’s preliminary “discrimination” findings before issuing a Notice of Violation (NOV). Regular issuance of PDNs, after... Continue Reading…
November 14, 2019

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