December 14, 2023
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Category: EEOC

Government’s Latest Semi-Annual Regulatory Agenda Shows New Activity by the EEOC

This memo summarizes workplace-related regulatory priorities that the Biden Administration listed in its latest semi-annual regulatory agenda. This memo, as well as a chart prepared by our affiliated nonprofit membership association, the Center for Workplace Compliance (CWC), provide a user-friendly digest of regulatory developments that we are following. Notably, for the first time in several years, the agenda lists several new...
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November 28, 2023
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Category: Compliance Reporting and Recordkeeping

CWC Files “Declaration” Supporting DOL in Ongoing EEO-1 FOIA Litigation

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, filed a declaration with the U.S. District Court for the Northern District of California supporting the objection of the Department of Labor (DOL) to releasing EEO-1 data for which federal contractors claim an exemption under the Freedom of Information Act (FOIA). In response to a request from the Center...
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November 16, 2023
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Category: Discrimination and Harassment

OFCCP Officially Launches New Pre-Complaint Inquiry Form

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has revised its filing process for discrimination complaints to include a new Pre-Complaint Inquiry Form (CC-390). OFCCP hopes that the new form will assist it in weeding out non-meritorious allegations and in evaluating whether OFCCP has proper jurisdiction to investigate the allegations. A description of the revised complaint process and instructions...
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November 07, 2023
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Category: Agency Enforcement

OFCCP Financial Settlement Update – November 2023

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced a large batch of financial settlements that it reached with federal contractors during the push to resolve pending investigations by the end of the 2023 fiscal year. Since early October, OFCCP has posted sixteen financial settlements, representing roughly $8 million in awards to victims of alleged discrimination. This...
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October 26, 2023
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Category: Agency Enforcement

CWC’s Side-by-Side Analysis of OFCCP’s New Scheduling Letter and Itemized Listing

In August, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) began using a more burdensome Scheduling Letter and Itemized Listing to notify federal contractors when they are flagged for a compliance evaluation. Federal contractors that are flagged for an audit under the new letter should be prepared to provide a great deal more information than OFCCP previously...
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October 02, 2023
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Category: Agency Enforcement

OFCCP Financial Settlement Update – October 2023

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents its latest update on major financial settlements that the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP)has announced since January. Since then, OFCCP has posted 12 new financial settlements, awarding more than $2 million to victims of alleged discrimination. This latest round of announced settlements brings monetary...
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September 12, 2023
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Category: Agency Enforcement

OFCCP Posts New “CSAL” List Targeting 1,000 Establishments for Compliance Audits

Following recent actions by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) that include adoption of a burdensome scheduling letter and revised evidentiary standards for alleged compliance violations, OFCCP has posted online a new Corporate Scheduling Announcement List (CSAL) targeting 1,000 federal contractor establishments for an upcoming compliance evaluation. The related methodology indicates that the list consists primarily of federal contractors in...
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September 06, 2023
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Category: Agency Enforcement

OFCCP Sues DISH Network Over Suspended 2018 Audits

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has filed a formal enforcement action against DISH Network, alleging that since 2018 the company has rebuffed OFCCP’s attempts to schedule its establishments for compliance evaluations. OFCCP initially declined to proceed with a formal enforcement action due to lack of jurisdiction, but the complaint asserts that DISH has once again...
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August 28, 2023
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Category: Agency Enforcement

OMB Approves OFCCP’s Burdensome New Scheduling Letter

The White House Office of Management and Budget (OMB) has approved major changes to the Scheduling Letter used by the Office of Federal Contract Compliance Programs (OFCCP) to schedule federal contractors for routine compliance audits. The new version of the letter, which will be valid through August 31, 2026, will substantially increase a contractor’s burden of providing data to the...
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August 07, 2023
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Category: EEOC

FY 2024 Agency Funding Update: Big Gap in Amounts Approved by House and Senate Committees

House and Senate Appropriations Committees have made significant progress toward funding the federal government through fiscal year (FY) 2024, although the two committees are considering very different proposed funding levels for workforce enforcement agencies. A lot of work remains to be done before Congress hashes out the final numbers for FY 2024, but at this point it appears that agencies such...
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