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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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Category: Affirmative Action and Diversity

OFCCP Proposes Rescinding Regulations Interpreting E.O. 11246

The Labor Department’s Office of Federal Contract Compliance Programs has formally proposed rescinding its regulations that implemented and interpreted Executive Order 11246. President Trump rescinded that order when he signed E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. Under the proposed rule, the following provisions would be removed from Title 41 of the Code of Federal Regulations: Obligations of Contractors and Subcontractors...
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Category: Affirmative Action and Diversity

OFCCP Seeks OMB Permission To Rescind E.O. 11246 Regulations

The White House Office of Management and Budget is reviewing a proposed rule that would rescind the OFCCP regulations implementing Executive Order 11246. Issued in 1965, E.O. 11246, as amended, prohibited federal contractors from discriminating in employment on the basis of race and sex, among other characteristics, and required contractors to take affirmative action to prevent such discrimination. President Trump revoked E.O....
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Category: Agency Enforcement

President Trump Directs Agencies To Rescind Unlawful Regulations Without Notice and Comment

President Trump has instructed federal agencies to disregard the notice and comment process when repealing supposedly unlawful regulations. In an April 9 memo, he told federal agency and department heads to repeal regulations that are contrary to a list of specific recent Supreme Court decisions. The memo orders agency heads to skip providing a public notice and comment period when doing...
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Category: Artificial Intelligence

Updated California Proposed AI Rules Published

California’s Civil Rights Department (CRD) has updated its proposed regulations for employers’ use of artificial intelligence (AI) and automated decision-making systems. The updated proposed rules expressly state that an employer’s failure to test AI tools for bias could be relevant to a discrimination claim. The new version of the proposed rules also removes language creating liability for AI developers and a definition of...
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Category: Immigration

Fifth Circuit Rules DACA Unlawful

The Deferred Action for Childhood Arrivals program is unlawful, but the program will continue to protect current DACA beneficiaries, the U.S. Court of Appeals for the Fifth Circuit ruled January 17. Under Texas v. United States, new DACA applications will not be processed, but the court stayed its ruling for current DACA beneficiaries so they can keep their DACA status...
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Category: Agency Enforcement

EEOC Revises Rule Governing EEO Reporting Exemptions

The EEOC issued a final rule January 10, 2025, revising its regulations governing hardship exemptions from annual EEO-1 reporting.   To be exempt from EEO reporting requirements, an employer must show undue hardship. Previously, EEOC Commissioners voted on exemption applications. Now, however, the Chief Data Officer will process applications. Under the new rule, an exemption is more likely to be granted when: The filer...
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Category: Compensation

Biden Administration Withdraws Proposed Federal Contractor Pay Transparency Rule

The Biden Administration has withdrawn its proposed federal contractor pay transparency regulations. The regulations would have prohibited federal contractors from considering job applicants’ compensation history and would have required contractors to disclose the compensation for work on federal contracts in their job advertisements. The Biden Administration has also withdrawn the government-wide procurement policy, adopted in response to Executive Order 14069, on which the...
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Category: Agency Enforcement

National Highway Traffic Safety Administration Finalizes New Bounty Hunter Program

The National Highway Traffic Safety Administration has published a final rule implementing its bounty hunter program. The rule provides that NHTSA may pay a monetary award to a whistleblower who provides original information that leads to the successful resolution of an enforcement action for violations of laws related to the manufacture or sale of motor vehicles and motor vehicle equipment. The...
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Category: Agency Enforcement

Last Biden Regulatory Agenda Shows Limited Progress on Employment-Related Regulations

The Biden Administration has published the Fall 2024 semi-annual regulatory agenda. The unveiling of the current administration’s final regulatory agenda is largely an academic exercise in view of the Trump Administration’s imminent arrival, but it shows that the Biden Administration made little progress on workplace regulatory priorities in the last few months. According to the agenda: EEOC had planned to...

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