July 22, 2022
|
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....
Read More
July 15, 2022
|
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...
Read More
July 07, 2022
|
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...
Read More
June 24, 2022
|
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...
Read More
June 17, 2022
|
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...
Read More
June 17, 2022
|
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...
Read More
June 10, 2022
|
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...
Read More
June 03, 2022
|
Category: Agency Enforcement

OFCCP Now Saying That Small AAPs Must Be Added to AAP-VI

In an unexpected and frankly disturbing new development, especially in light of its timing and earlier agency guidance, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) announced late last week that establishments with fewer than 50 employees must be added to the agency’s online Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal, if the contractor maintains an affirmative...
Read More
June 03, 2022
|
Category: Agency Enforcement

What To Expect From OFCCP’s Upcoming “Modernizing AAPs” Proposal

Sometime later this year, perhaps as early as September, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) is expected to publish a formal proposal entitled Modernizing Affirmative Action Programs, Recordkeeping, and Other Components of the Executive Order 11246 Supply and Service Obligations for Federal Contractors and Subcontractors. The “Modernizing AAPs” proposal is the most ambitious of several new...
Read More
May 27, 2022
|
Category: Agency Enforcement

OFCCP Posts New “CSAL” List Targeting 400 Establishments for Compliance Audits

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has posted online a new list – formally known as the Corporate Scheduling Announcement List (CSAL) – targeting 400 federal contractor establishments for an upcoming compliance evaluation. The new FY 2022 CSAL identifies the type of review for which each entity on the list has been flagged, broken down as...
Read More

Categories

Talk with an EASI Consultant.

Get in Touch