Insights

December 02, 2022
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Category: Agency Enforcement

OFCCP Once Again Proposing Major Changes to Its Compliance Audit Scheduling Letter

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) is once again proposing extensive changes to the letter used to schedule federal contractors for compliance evaluations under the laws OFCCP enforces. If ultimately approved by the White House Office of Management and Budget (OMB), the revised scheduling letter will require contractors to submit additional data to the agency in...
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December 02, 2022
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Category: Agency Enforcement

OFCCP Proposing To Tweak Its Prescribed Disability Self-ID “Form CC-305”

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced that it intends to make some changes to its mandated and highly prescriptive disability self-identification form (Form CC-305) as part of a routine request to the White House Office of Management and Budget (OMB) to continue using the form for another three years. While the proposed changes are...
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November 23, 2022
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Category: Agency Enforcement

EEOC Commissioner Janet Dhillon Resigns, Ending Republican Majority

Equal Employment Opportunity Commission (EEOC or Commission) Commissioner and former Chair Janet Dhillon, one of the three Republican Commissioners on the five-member Commission, resigned her seat effective November 18, 2022. As a result, Republicans no longer compose a majority on the Commission, a tactical advantage they had enjoyed since September 2020. From a practical standpoint, Ms. Dhillon’s tenure on the...
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November 23, 2022
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Category: Agency Enforcement

NLRB Reports Big Increase in Unfair Labor Practice Charges in FY 2022

According to enforcement data for fiscal year 2022 (October 1, 2021 – September 30, 2022) released recently by the National Labor Relations Board (NLRB or Board), there was an increase of nearly 20% in the number of unfair labor practice (ULP) charges filed with the agency compared to the previous year. This jump reverses a five-year trend where ULP charges...
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November 18, 2022
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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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November 18, 2022
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Category: Agency Enforcement

New GAO Report Details Inconsistencies in EEOC Charge Intake Processing, Other Areas

The Government Accountability Office (GAO), the research and investigatory arm of the U.S. Congress, has released a new report looking at the U.S. Equal Employment Opportunity Commission’s (EEOC or Commission) charge intake and processing operations. And while the report ostensibly focuses on inconsistencies in the intake process, it also points out wide variations in the average time it takes the...
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November 18, 2022
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Category: Affirmative Action and Diversity

EEOC To Seek Extension of EEO-1 Component 1 Data Collection With Minor Revisions

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it intends to seek approval of the Employer Information (EEO-1) “Component 1” Report and associated recordkeeping obligations, including some minor changes to the EEO-1, for the next three reporting years (2022 through 2024), as required under the Paperwork Reduction Act (PRA). Please note that in seeking approval for a three-year...
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November 18, 2022
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Category: Affirmative Action and Diversity

What Do the High Court’s University Admissions Cases Mean for Private Sector Affirmative Action?

The U.S. Supreme Court held oral arguments recently in a pair of high-profile cases involving legal challenges brought against affirmative action admissions programs at the University of North Carolina (a public institution) and at Harvard University (a private institution), respectively. The plaintiffs, Students for Fair Admissions (SFFA), argue that the consideration of race used in each admissions program is unlawful,...
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November 11, 2022
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Category: Whistleblowing and Retaliation

Expanding Whistleblower Retaliation Protection for Federal Employees

Before adjourning for this week’s elections, the U.S. House of Representatives passed legislation that would significantly expand whistleblower retaliation protection for employees of the federal government. Although the bill was passed on a partisan vote and has no chance of becoming law this year, it contains several provisions that go beyond current anti-retaliation protections for private sector employees. Accordingly, we...
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November 11, 2022
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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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