May 23, 2023
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Category: Affirmative Action and Diversity

Conservative Public Interest Group Is Challenging Employers’ DEI Policies

Over the last few months, a conservative non-profit legal foundation has filed several complaints with the Equal Employment Opportunity Commission (EEOC) asking for issuance of Commissioner charges and investigations of alleged unlawful discrimination committed by large private sector employers based on their diversity statements and policies. The allegations serve as a reminder that employer diversity, equity, and inclusion (DEI) policies...
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April 17, 2023
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Category: Affirmative Action and Diversity

New York City Issues AI Bias Audit Law Implementing Regulations, Sets July 5 Effective Date

New York City, through its Department of Consumer and Worker Protection (DCWP), has published long-awaited Final Rules implementing the city’s first-of-its-kind artificial intelligence (AI) bias audit law, Local Law 144 of 2021. DCWP will begin enforcing the law on July 5, 2023. The AI bias audit law prohibits covered employers from using an artificial intelligence tool to screen a candidate or employee for a...
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April 14, 2023
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Category: Affirmative Action and Diversity

OFCCP AAP-VI 2023 Certification Update

Our affiliated non-profit association, the Center for Workplace Compliance (CWC) reported recently that the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has opened its online “Affirmative Action Program Verification Interface (AAP-VI),” through which federal contractors and subcontractors can certify that they developed and maintained Affirmative Action Programs (AAPs) that comply with OFCCP’s rules. Certifications for the 2023 annual...
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April 13, 2023
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Category: Affirmative Action and Diversity

OFCCP Issues New “Pay Equity” Resource

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), in conjunction with the agency’s recent Equal Pay Day observation, issued a resource reminding federal contractors to discontinue discriminatory pay policies and practices. The new resource, “Taking a Proactive Approach to Achieving Pay Equity,” is available online here. Members of the Center for Workplace Compliance (CWC) can read more here.
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April 03, 2023
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Category: Affirmative Action and Diversity

OFCCP Resets Annual Vets Hiring Benchmark at 5.4%

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has updated its annual Vets Hiring Benchmark to 5.4%, down from 5.5% in 2022. The annual benchmark, essentially the national percentage of veterans in the civilian labor force, is the measure that most federal contractors use as their protected veterans hiring benchmark for complying with OFCCP’s affirmative action regulations under...
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November 18, 2022
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Category: Affirmative Action and Diversity

EEOC To Seek Extension of EEO-1 Component 1 Data Collection With Minor Revisions

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it intends to seek approval of the Employer Information (EEO-1) “Component 1” Report and associated recordkeeping obligations, including some minor changes to the EEO-1, for the next three reporting years (2022 through 2024), as required under the Paperwork Reduction Act (PRA). Please note that in seeking approval for a three-year...
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November 18, 2022
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Category: Affirmative Action and Diversity

What Do the High Court’s University Admissions Cases Mean for Private Sector Affirmative Action?

The U.S. Supreme Court held oral arguments recently in a pair of high-profile cases involving legal challenges brought against affirmative action admissions programs at the University of North Carolina (a public institution) and at Harvard University (a private institution), respectively. The plaintiffs, Students for Fair Admissions (SFFA), argue that the consideration of race used in each admissions program is unlawful,...
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October 14, 2022
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Category: Affirmative Action and Diversity

Highlights From Most Recent EEOC-OFCCP “HIRE” Initiative Roundtable

Earlier this year, the Equal Employment Opportunity Commission (EEOC) and the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) launched a joint effort dubbed the Hiring Initiative to Reimagine Equity (“HIRE”). Among other things, the HIRE initiative was created ostensibly for the purpose of identifying strategies to remove unnecessary barriers to hiring and to promote equity in the...
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August 19, 2022
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Category: Affirmative Action and Diversity

FAQs on Affirmative Action Placement Goals

It comes as no surprise to many of you that there can be challenges in trying to balance the dual interests within your organizations of (1) complying with the nondiscrimination and affirmative action requirements arising under Title VII of the Civil Rights Act of 1964 (Title VII), Executive Order (E.O.) 11246, and a variety of other federal and state laws;...
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July 07, 2022
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Category: Affirmative Action and Diversity

Comments With OMB Supporting Extension of OFCCP’s FAAP Program

Our affiliated non-profit association, the Center for Workplace Compliance (CWC), has filed written comments with the White House Office of Management and Budget (OMB) in support of a request by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) to extend, with minor changes, its Functional Affirmative Action Program (FAAP) application and approval process for another three years. Periodic...
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