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Category: Agency Enforcement

EEOC Holds Public Meeting on Discrimination in the Construction Industry

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) recently held a virtual public hearing to examine what the agency characterizes as the “severe and pervasive” discrimination and harassment against women and racial and ethnic minorities that has occurred in the U.S. construction industry. The hearing comes in the wake of the enactment last year of massive federal infrastructure legislation,...
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Category: Agency Enforcement

OFCCP Posts New “CSAL” List Targeting 400 Establishments for Compliance Audits

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has posted online a new list – formally known as the Corporate Scheduling Announcement List (CSAL) – targeting 400 federal contractor establishments for an upcoming compliance evaluation. The new FY 2022 CSAL identifies the type of review for which each entity on the list has been flagged, broken down as...
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Category: Agency Enforcement

OFCCP Introduces AAP-VI Bulk Upload Option for Multi-Establishment Contractors

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced an option for federal contractors and subcontractors with 100 or more establishments (or functions) to upload or modify establishment information into the agency’s Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal. As we reported previously, all supply and service contractors subject to OFCCP’s jurisdiction must certify by June...
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Category: Agency Enforcement

EEOC Issues Guidance on How Use of AI Can Impact ADA Compliance

The Equal Employment Opportunity Commission (EEOC or Commission) has issued new technical assistance guidance on how the use of artificial intelligence (AI) and algorithmic decision-making tools could impact compliance with the Americans with Disabilities Act (ADA). The new guidance is the latest manifestation of an effort by the EEOC that began in earnest last year to address the intersection of...
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Category: Agency Enforcement

OFCCP Key Personnel Update

In the sixteen months that have transpired since President Biden appointed Jenny Yang as the Director of the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), there have been several key personnel changes, some of which we’ve previously brought to your attention. Given the major policy developments at the agency that have occurred within the last few months, we...
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Category: Agency Enforcement

California Looking To Bolster Its Pay Data Reporting Requirements

According to the Director and Deputy Director of California’s Department of Fair Employment and Housing (DFEH), the state agency that enforces California’s comprehensive pay data reporting requirements, Governor Gavin Newsom wants to further bolster the program by giving DFEH additional resources to hire new staff to strengthen its pay data enforcement capabilities, including in its Information Technology (IT) Division to...
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Category: Agency Enforcement

OFCCP Financial Settlement Update – May 2022

To help federal contractor keep up with recent enforcement trends out of the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), for the last several years we have been summarizing, on a periodic basis, major settlements announced by OFCCP that involve financial remedies. And while the pace of settlements clearly accelerated during the last year of the Trump Administration,...
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Category: Agency Enforcement

DOJ Undeterred by Recent Court Setbacks on Its Workplace Antitrust Enforcement Strategy

As we reported recently, in the wake of an Executive Order (E.O.) issued by President Biden last year designed to foster competition in the marketplace, it was only a matter of time before federal agencies began adopting antitrust enforcement policies that would impact workplace compliance. And although the U.S. Department of Justice (DOJ) recently lost two jury trials in high...
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Category: Agency Enforcement

OFCCP Urged To Retain Use of Evidentiary Standards in Its Pre-Enforcement Notices

Our affiliated non-profit association, the Center for Workplace Compliance (CWC), has filed written comments with the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) in response to the agency’s formal proposal to revise the 2020 “Enforcement Rule” issued by the Trump Administration that established a framework for identifying, documenting, and communicating discrimination allegations. OFCCP is proposing the changes based...
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Category: Agency Enforcement

Comments Filed With OFCCP Supporting Extension of FAAP Process

Our affiliated non-profit association, the Center for Workplace Compliance (CWC), has filed written comments with the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) in support of the agency’s announced intent to seek formal approval from the White House Office of Management and Budget (OMB) to extend its Functional Affirmative Action Program (FAAP) application and approval process for several...

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