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Category: Compliance Tools

CWC’s Updated Template for Mandatory ESDS Notifications Under VEVRAA

CWC has updated a template that can assist its federal contractor members in meeting their employment service delivery system (ESDS) notice requirements. CWC’s members can use the updated template to satisfy the Office of Federal Contract Compliance Programs’ (OFCCP) ESDS notice obligations under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) requirements codified at 41 CFR § 60-300.5(a)(4). That rule...
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Category: Affirmative Action and Diversity

“Unit Number” Issue Is Complicating OFCCP AAP-VI Portal Compliance

As the June 29, 2023, deadline approached for federal contractors and subcontractors to certify compliance with their AAP obligations via the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) online AAP-VI portal, an issue involving unit numbers arose for some federal contractors. OFCCP’s Contractor Portal requires every AAP establishment listing to have a unique Unit Number that aligns with the...
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Category: Compliance Tools

Updated Guide to OFCCP Notice Posting Requirements

Now that the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced that covered federal contractors must begin posting the new “Know Your Rights” poster recently issued by the Equal Employment Opportunity Commission (EEOC) in lieu of the familiar “EEO is the Law” poster, we thought it would be helpful to provide employers with an updated guide to...
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Category: Agency Enforcement

Biden Administration Issues “Blueprint for an AI Bill of Rights”

The Office of Science and Technology Policy within the Biden White House has published a white paper outlining five “principles” that should guide the development and use of artificial intelligence (AI) and algorithmic decision-making tools that have “the potential to meaningfully impact [the] rights, opportunities, or access” of the American public at large. Although this so-called AI Bill of Rights...
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Category: Agency Enforcement

As Expected, OFCCP Adopts EEOC’s New “Know Your Rights” Poster

We reported last week that the Equal Employment Opportunity Commission (EEOC) has issued a new “Know Your Rights” poster to replace the familiar “EEO is the Law” poster that covered employers have used for many years to meet EEOC and Office of Federal Contract Compliance Programs (OFCCP) posting requirements. As we predicted, the Labor Department’s OFCCP has now also announced...
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Category: Compliance Tools

Revise Model Self-ID Form Strengthens Confidentiality Disclaimer

The self-identification forms used by many employers in response to government demographic data reporting requirements typically contain a prominent disclosure that personal identifying data such as race, ethnicity, and sex will be kept confidential subject to certain conditions. For many years, we have made available to our employers a “model self-ID template” that contains a suggested confidentiality disclaimer. We are...
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Category: Compliance Tools

EEOC Issues New “Know Your Rights” Poster

The Equal Employment Opportunity Commission (EEOC or Commission) has replaced its longstanding “EEO is the Law” poster with a new version, entitled “Know Your Rights.” The new poster makes several significant changes, including the addition of a “QR code” that when scanned directs a person to the EEOC’s webpage explaining how to file a charge of employment discrimination. Current EEOC...
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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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Category: Agency Enforcement

EEOC Posts Updated COVID-19 Guidance, Says Status and Symptoms Questions OK

The Equal Employment Opportunity Commission (EEOC) has once again updated its COVID-19 technical assistance guidance for employers, including the addition of a new section stating that employers are permitted to ask their employees who report feeling ill or who call in sick about their illness symptoms to determine if an individual has or has had COVID-19. The updated guidance, in...
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Category: Compliance Tools

Federal Court Partially Blocks Enforcement of EEOC’s SOGI Discrimination Guidance

A federal trial court in Tennessee has temporarily blocked enforcement within 20 states of guidance issued last year by the Equal Employment Opportunity Commission (EEOC) regarding discrimination based on sexual orientation and gender identity (SOGI). The court’s order stems from a lawsuit brought by 20 state attorneys general alleging that the EEOC issued the guidance without complying with mandatory administrative...

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