OFCCP

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By Rachel V. See and Annette Tyman

Seyfarth Synopsis: The Acting Director of OFCCP and the Solicitor of Labor indicated that they are moving full speed ahead on developing guidance regarding employers’ use of artificial intelligence, and that the Department of Labor is working on a “broader value-based document” that contains “principles and best practices” for both employers using AI…

Continue Reading Department of Labor, Including OFCCP, Continues Work on Guidance and “Promising Practices” Regarding Artificial Intelligence

By: Christy Kiely and Annette Tyman

On April 17, 2023, the Office of Federal Contract Compliance Programs (“OFCCP”) released the EEO-1 data of 19,277 federal contractors to a reporter named Will Evans with the Center for Investigative Reporting (“CIR”). The disclosure responds to a Freedom of Information Act (“FOIA”) request filed by Evans in June of 2022, where Evans and…

Continue Reading OFCCP Releases EEO-1 Reports of Nearly 20,000 Federal Contractors

By Annette Tyman, Christy Kiely, and Michelle Mellinger

Seyfarth Synopsis. The Center for Investigative Reporting has issued a FOIA request to the Office of Federal Contract Compliance Programs (“OFCCP”) for all Type 2 Consolidated EEO-1 Reports filed by federal contractors from 2016-2020.  Contractors have a 30-day period in which to file objections to the disclosure of their Type …
Continue Reading EEO-1 Reports of Federal Contractors to be Released by OFCCP Absent Employer Action

By Dov Kesselman and Samuel I. Rubinstein

Seyfarth Synopsis: After the past few years of favorable policy changes and court decisions, religious employers have to navigate the realities of a different presidential administration with its unique set of policy preferences.  The Department of Labor recently filed notices in two Court actions suggesting that it will be rescinding its prior faith-based …
Continue Reading Losing My Religion? How Faith-Based Employers Will Operate During the Biden Administration

By Annette Tyman, Lawrence Z. Lorber, and Michael L. Childers

Seyfarth Synopsis: The Office of Federal Contract Compliance Programs (“OFCCP”) is closing the summer by issuing two new enforcement directives. The first, Directive 2018-03, clarifies the OFCCP’s enforcement of religious non-discrimination in light of recent court decisions and executive orders. The second, Directive 2018-04, creates focused …
Continue Reading OFCCP Winds Down Summer By Issuing New Guidance on Religious Discrimination and Announcing New Focused Review Process

By Annette Tyman and Michael L. Childers

Seyfarth Synopsis: Federal Contractors should immediately update the Disability Self-ID Form to include the new expiration date.  The OFCCP is allowing a 10-day grace period, until February 10th to update the form.

Last week we updated contractors on OMB’s renewal of the disability self-identification form (see post here).  Note that there were…
Continue Reading Additional Information for Implementing the Renewed Disability Self-ID Form

By Christine Hendrickson, Valerie J. Hoffman, Lawrence Z. Lorber, Annette Tyman

If there was any doubt that pay equity is major risk area for employers, that doubt should now be erased.  This morning, on the seventh anniversary of the signing of the Lilly Ledbetter Fair Pay Act, the EEOC made a startling announcement.

The EEOC announced its…
Continue Reading New EEOC Pay Report Proposed For Employers in 2017

By: Paul Kehoe, Meredith  C.  Bailey, Lawrence Z. Lorber and Annette Tyman

On January 28, 2015, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) announced a Notice of Proposed Rulemaking (“NPRM”) to update its Sex Discrimination Guidelines (the “Guidelines”).  The NPRM will be published in the Federal Register on January 30, 2015, followed by a…
Continue Reading Federal Contractors Should Be Concerned About The OFCCP’s NPRM Revising its Sex Discrimination Guidelines

By: Lawrence Z. Lorber, Laura J. Maechtlen, Cameron  A.  Smith and Annette Tyman

On December 9, 2014, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued the Final Rule implementing Executive Order (“EO”) 13672, which will require affirmative action and non-discrimination in employment on the basis of sexual orientation and gender identity for federal…
Continue Reading DOL Issues Final Rule on Government Contractor Sexual Orientation and Gender Identity Non-Discrimination and Affirmative Action Requirements

By: Meredith  C.  Bailey, Cassandra Hanley Carroll and Christine Hendrickson

Today, the Office of Federal Contract Compliance Programs (“OFCCP”) issued proposed regulations that would limit covered federal contractors’ ability to take adverse action against applicants and employees who discuss compensation.  The proposed rule is available here.

The protections afforded by the proposed regulations may have a familiar ring…
Continue Reading OFCCP Proposes Anti-Pay Secrecy Regulations for Federal Contractors