Insights

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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 President Trump rescinded that order when he signed E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.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: AAP

OFCCP Seeks Confirmation Contractors Have “Wound Down” E.O. 11246 AAPs

The Office of Federal Contract Compliance Programs has reopened its contractor portal and is asking federal contractors to voluntarily submit confirmation that they have wound down their Executive Order 11246 affirmative action programs (AAPs). OFCCP Director Catherine Eschbach issued a letter to federal contractors requesting them to voluntarily upload — by September 25, 2025 — information regarding their efforts to wind down...
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Category: ADA

Supreme Court Holds Only Qualified Individuals Can Bring ADA Discrimination Claims

Retirees cannot bring an employment discrimination claim under the Americans with Disabilities Act if they are not qualified for the job when the alleged discrimination occurs, the U.S. Supreme Court held June 20. The ruling in Stanley v. City of Sanford aligns with arguments put forth in a friend-of-the-court brief from the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association....
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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: Disability, Accommodations, and Leaves

OFCCP Extends Audit Moratorium for Veterans Affairs Health Benefits Program Providers

The Office of Federal Contract Compliance Programs has extended, for two years, its audit scheduling moratorium for specified health care entities that provide supplies and services to participants in the Veterans Affairs Health Benefits Program (VAHBP). OFCCP extended the scheduling moratorium through May 7, 2027, via Directive 2021-01 Revision 2, Extending the Scheduling Moratorium for Veterans Affairs Health Benefits Program (VAHBP)...
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Category: Disability, Accommodations, and Leaves

Appeals Court: General Safety Concerns Aren’t Enough To Deny Religious Accommodation

An employer cannot deny a religious accommodation under Title VII to an employee because of a general concern about safety, the U.S. Court of Appeals for the Third Circuit ruled May 30. Smith v. City of Atlantic City concerned a fire department employee who requested a religious exemption from a requirement that all firefighters be clean-shaven. The rule was intended...
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Category: State and Local Law

CWC Interstate: May/June 2025 Update

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has issued an update of state and local workplace compliance requirements that have occurred since May. This update includes developments in the following categories: Fair Employment Artificial Intelligence (Illinois) Military Spouse Preference (West Virginia) Pay Transparency and Salary History (Cleveland) Protected Classes (Minneapolis) Retaliation (Massachusetts) Wage and Hour Family...
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Category: Affirmative Action and Diversity

CWC’s Guide to Minnesota State Contractor Equal Employment Opportunity Requirements

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated a resource that can help its members understand the equal employment opportunity obligations that Minnesota imposes on state contractors. These obligations are contained in documents published by the state’s Department of Human Rights (MDHR), including guidance, required forms, and templates for contractors submitting EEO compliance plans. Following...
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Category: Affirmative Action and Diversity

OPM Unveils Merit Hiring Plan: DEI Restrictions, Patriotism Emphasized

The Trump Administration has announced new hiring criteria for federal jobs.  The new strategy prohibits diversity, equity, and inclusion (DEI) considerations and establishes patriotism as a selection criterion. It also prohibits agencies from distributing workforce demographic data. In a May 29 memorandum, the Office of Personnel Management (OPM) outlined a Merit Hiring Plan consistent with Executive Order 14170. Key provisions include: Prohibiting the...

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