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Category: Affirmative Action and DEI

CWC Urges OFCCP To Revisit Administrative Enforcement Regime

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has submitted two comment letters to the Office of Federal Contract Compliance Programs. CWC’s comments respond to OFCCP’s proposals to (1) rescind its regulations related to Executive Order 11246 and (2) transfer any remaining regulations needed to enforce the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) to 41 C.F.R. Part 60-300. CWC’s...
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Category: Affirmative Action and DEI

CWC Urges OFCCP To Consider Alternatives To Section 503 Rulemaking

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed comments with the Office of Federal Contract Compliance Programs urging it to consider alternatives to its proposed revisions of nondiscrimination and affirmative action regulations under Section 503 of the Rehabilitation Act. OFCCP has proposed eliminating the requirement that contractors “invite applicants and employees to self-identify their disability...
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Category: Affirmative Action and DEI

OFCCP Requests Comments on Proposed Elimination of Form CC-305

The Office of Federal Contract Compliance Programs initiated a pre-clearance request for comments in preparation for the possible elimination of specified disability self-identification and data collection requirements under Section 503 of the Rehabilitation Act. OFCCP will seek approval from the Office of Management and Budget only if a final rule eliminating many longstanding disability compliance requirements is issued. If approved, the Notice...
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Category: Government Contracts

House Appropriations Committee Agrees To Eliminate Funding For OFCCP

The House Appropriations Committee has approved legislation that would effectively eliminate OFCCP and significantly cut the budget of other Labor Department agencies. Under the bill approved by the Committee September 9, OFCCP would receive no funding in fiscal year 2026. The Wage and Hour Division’s budget would sink by 9.6%, to $235 million; and the NLRB’s budget would fall by...
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Category: Government Contracts

Senate Panel Rejects White House Proposal To Eliminate OFCCP

The Senate Appropriations Committee rejected the White House’s proposal to eliminate OFCCP in the FY 2026 Labor Department funding bill that it approved July 31. The bill, approved by a bipartisan vote of 26 to 3, allocates $106 million to OFCCP, representing a 4.5 percent cut. The bill is still a long way from becoming law, however. Many stakeholders predicted...
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Category: Affirmative Action and DEI

OFCCP Lowers Annual Veteran Hiring Benchmark

The Office of Federal Contract Compliance Programs has updated its annual Veteran Hiring Benchmark to 5.1%. Contractors can use the revised benchmark for new affirmative action plan annual cycles that begin on or after July 30, 2025. AAPs established before July 30 will retain the previous benchmark until their next cycle. The annual benchmark represents the national percentage of veterans...
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Category: Affirmative Action and DEI

Ohio Eliminates Affirmative Action Requirements for State Contractors

Ohio’s appropriations law for FY 2026-2027 removed several provisions that required state contractors to implement a written affirmative action program (AAP). Additionally, the bill eliminates the requirement for construction contractors to have a certificate of compliance before bidding on some public works contracts. It is unclear how the state will enforce contracts that currently require contractors to maintain and verify...
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Category: Government Contracts

OFCCP Revises Discrimination Complaint Forms Without Opportunity for Comment

OFCCP has revised two of its forms — Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor (CC-4) and Pre-Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or Subcontractor (CC-390) — without providing the usual opportunity for public comment. The changes reflect the rescission of Executive Order 11246 and signify the agency’s resumption of veteran and disability-based discrimination...
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Category: Affirmative Action and DEI

OFCCP Resumes Processing Section 503 and VEVRAA Complaints But Closes Pending Compliance Reviews

All pending compliance reviews arising under Section 503 of the Rehabilitation Act and Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act will be administratively closed, but the Office of Federal Contract Compliance Programs will resume processing Section 503 and VEVRAA complaint investigations as normal, OFCCP announced July 2. The agency’s announcement came in response to the Labor Secretary’s...
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Category: Affirmative Action and Diversity

OFCCP Proposes Eliminating Disability Self-Identification and Analysis Requirements

The Office of Federal Contract Compliance Programs is proposing to eliminate longstanding disability compliance requirements, including self-identification, utilization analyses, and applicant tracking. If approved, OFCCP’s two Notices of Proposed Rulemaking (NPRM) would modify agency regulations that implement the nondiscrimination and affirmative action requirements of Section 503 of the Rehabilitation Act (Section 503) and Section 4212 of the Vietnam Era Veterans...

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