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Category: Affirmative Action and Diversity

“Unit Number” Issue Is Complicating OFCCP AAP-VI Portal Compliance

As the June 29, 2023, deadline approached for federal contractors and subcontractors to certify compliance with their AAP obligations via the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) online AAP-VI portal, an issue involving unit numbers arose for some federal contractors. OFCCP’s Contractor Portal requires every AAP establishment listing to have a unique Unit Number that aligns with the...
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Category: Government Contracts

Supreme Court Hones Standard for Establishing False Claims Act Liability

The U.S. Supreme Court has ruled that a company can be liable under the federal False Claims Act (FCA) for making a false claim against the government if the company knew or should have known that the claim was false, even if the claim was objectively reasonable. The decision is United States ex rel. Schutte v. SuperValu, Inc. (June 1,...
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Category: Affirmative Action and Diversity

OFCCP Reminds Federal Contractors That AAP-VI Certification Deadline Is June 29

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has notified federal contractors that the 2023 deadline for certifying compliance via the agency’s online “Affirmative Action Program Verification Interface (AAP-VI)” Contractor Portal is June 29. Contractors that fail to meet the deadline are more likely to be targeted for a compliance audit, the agency warned. Members of the Center...
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Category: Agency Enforcement

OFCCP Posts “CSAL” Targeting 250 Construction Contractor Establishments for Compliance Audits

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has posted a new Corporate Scheduling Announcement List (CSAL) identifying 250 federal and federally assisted construction contractors and subcontractors that are flagged for an upcoming compliance evaluation. According to the accompanying methodology posted by OFCCP, the new list consists of construction contractors “with the highest aggregated contract value for all contract work performed in...
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Category: Agency Enforcement

OFCCP Gets Okay From OMB To Begin Using New Pre-Complaint Inquiry Form

The White House Office of Management and Budget (OMB) has approved a request from the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) to begin using a new “pre-complaint” inquiry form (new Form CC-390) designed to improve the efficiency of its discrimination complaint process. Beginning November 1, 2023, a federal contractor employee will be required to complete a Form...
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Category: Agency Enforcement

New OFCCP Report Highlights FY 2022 Accomplishments of Agency’s Ombuds Service

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has published a report highlighting the activities and accomplishments of the agency’s Ombuds Service in fiscal year 2022. The report, OFCCP’s FY 2022 Ombuds Service Annual Report, suggests that this relatively new service is achieving its goal of facilitating “the fair and equitable resolution of specific types of concerns raised by...
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Category: Disability, Accommodations, and Leaves

CWC’s Comments to OMB Urge Changes to OFCCP’s Prescriptive Disability Self-ID Form CC-305

Our affiliated non-profit association, the Center for Workplace Compliance (CWC) filed written comments with the White House Office of Management and Budget (OMB) in response to a request by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), which is seeking OMB approval to continue using the prescriptive disability self-identification Form CC-305 for three more years with only minor...
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Category: Agency Enforcement

OFCCP Submits Proposed Burdensome New Scheduling Letter to OMB for Approval

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) is asking the White House Office of Management and Budget (OMB) to approve a revised Scheduling Letter and Itemized Listing that would substantially increase the administrative burden on a federal contractor scheduled for a compliance audit. If OMB approves it, the revised scheduling letter would require covered contractors to submit...
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Category: Agency Enforcement

OFCCP Giving Contractors Until 1/2/2023 To Confirm Objections To EEO-1 Data Release

As we reported previously, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) announced a few months ago that it had received a Freedom of Information Act (FOIA) request seeking thousands of federal contractors’ and subcontractors’ consolidated EEO-1 Reports filed during calendar years 2016 – 2020, and that it planned to release the requested information unless a written objection...
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Category: Agency Enforcement

OFCCP Closes FY 2022 With Thirteen New Financial Settlements

As we anticipated, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) closed out its 2022 fiscal year (October 1, 2021 – September 30, 2022) by announcing a flurry of major new financial settlements. Indeed, the 13 new financial settlements announced since our last update in September double the total number of financial settlements announced by OFCCP in FY...

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