August 05, 2022
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Category: Agency Enforcement

OFCCP Announces Contractors With Timely AAP-VI Help Desk Requests Met Filing Deadline

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) announced late last week that federal contractors who have yet to certify via the agency’s online Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal, but who had pending Help Desk tickets as of the June 30, 2022, filing deadline, are deemed to have met the deadline. The agency’s announcement also...
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July 29, 2022
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Category: Agency Enforcement

Secretary of Labor Walsh Overturns Favorable ARB Ruling in OFCCP v. Convergys

Exercising his authority pursuant to an internal order issued by his predecessor, Secretary of Labor Marty Walsh has formally reversed a ruling of his own Administrative Review Board (ARB) issued back in February in the case of Office of Federal Contract Compliance Programs (OFCCP) v. Convergys Customer Management Group, Inc. In a bang-bang series of developments, at least by DOL...
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July 22, 2022
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Category: Agency Enforcement

Update on the EEOC-OFCCP “HIRE” Initiative

As we reported a few months ago, in January of 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”) initiative. In introducing the initiative, the two agencies promised to engage a “broad array of stakeholders,” including employer,...
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July 22, 2022
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Category: Government Contracts

Proposed SCA “Nondisplacement” Rule Would Reinstate Right of First Refusal Policy

As we reported previously, late last year President Biden signed Executive Order (E.O.) 14055, Nondisplacement of Qualified Workers Under Service Contracts, that essentially mandated reinstatement of a policy requiring successor contractors on contracts covered by the federal Service Contract Act (SCA) to give the predecessor’s employees the right of first refusal for jobs under the successor contract. The Biden E.O....
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July 15, 2022
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Category: Agency Enforcement

OFCCP’s AAP-VI Contractor Portal Remains Open (For Now)

Despite a June 30 deadline set by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) for federal contractors to certify to OFCCP, via the agency’s new online Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal, that they have developed and maintained AAPs in accordance with OFCCP regulations, the AAP-VI portal remains open as of this writing. OFCCP has...
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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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June 24, 2022
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Category: Agency Enforcement

Unanimous ARB Reverses Pro-OFCCP Ruling, Finds ALJ Applied Wrong Legal Theories

In a rare decision involving the Office of Federal Contract Compliance Programs (OFCCP), the Labor Department’s (DOL) Administrative Review Board (ARB) has unanimously reversed a 2019 DOL administrative law judge’s (ALJ) ruling that a federal contractor violated Executive Order (E.O.) 11246 by committing hiring discrimination against thousands of African American job applicants. The ARB is the Secretary of Labor-appointed tribunal...
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June 17, 2022
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Category: Agency Enforcement

Before You Certify to OFCCP: AAP-VI Checklist

As the June 30 deadline approaches for supply and service federal contractors to certify that they have developed and maintained Affirmative Action Programs (AAPs) using the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) new Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal, we wanted to provide you with assistance in determining exactly what it means to have “developed...
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June 17, 2022
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Category: Affirmative Action and Diversity

GAO Issues Report Concluding OFCCP Can Do a Better Job on Its VEVRAA Oversight

The U.S. Government Accountability Office (GAO), the research arm of the U.S. Congress, has issued a report concluding that the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) isn’t doing enough to help federal contractors comply with their affirmative action obligations for veterans protected under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). The 45-page report, entitled “Equal Employment...
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June 10, 2022
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Category: Agency Enforcement

OFCCP Submits FAAP Directive to OMB for Approval, With Minor Improvements

As anticipated, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has submitted a formal request to the White House Office of Management and Budget (OMB) for approval of a revised agency directive that would extend OFCCP’s functional affirmative action program (FAAP) process for several more years. The version of the FAAP Directive sent to OMB for approval does...
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