July 11, 2023
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Category: Agency Enforcement

OFCCP’s Administrative Litigation Activity Remains Fairly Low

More than two years into the Biden Administration, the Office of Federal Contract Compliance Programs (OFCCP) still hasn’t shown the level of formal enforcement activity from that we anticipated from the agency during the Biden Administration. Last October, the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, reported that the Biden Labor Department’s OFCCP had filed two formal...
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July 11, 2023
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Category: Disability, Accommodations, and Leaves

OFCCP Makes Available Multiple Foreign Language Versions of Its CC-305 Disability Self-ID Form

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has posted on its website several foreign language versions of its prescribed disability self-identification form (CC-305). Until now, the CC-305—which a covered federal contractor must use, without modification, to comply with OFCCP requirements to collect applicant and employee disability data—has been available only in English. Contractors are not required to...
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July 07, 2023
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Category: Agency Enforcement

What Does Congress’ Debt Limit Agreement Mean for the Workforce Enforcement Agencies?

The debt limit agreement reached by Congress and signed by President Biden June 3, 2023, calls for cuts in discretionary federal spending during the next two years. The debt limit deal does not dictate where budget cuts should be made, so the final decisions will occur through the annual Congressional appropriations process. Funding for most agencies that regulate the workforce...
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July 05, 2023
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Category: Affirmative Action and Diversity

OFCCP Confirms Pending AAP-VI Help Desk Requests Effectively Waive June Filing Deadline

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced that federal contractors that were unable to meet the June 29 filing deadline for certifying compliance via the agency’s online Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal will be considered to have filed a timely certification if they requested assistance from the AAP-VI Help Desk by that...
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June 26, 2023
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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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June 21, 2023
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Category: Agency Enforcement

Latest Biden Regulatory Agenda Lists No New Workplace Initiatives

The Biden Administration’s latest semi-annual regulatory agenda, published on June 13, 2023, lists no new initiatives related to workplace compliance, as many of the initiatives it announced previously remain bogged down pending final action. This memo summarizes the latest workplace-related regulatory agendas of the Department of Labor (DOL) and its sub-agencies, such as the Office of Federal Contract Compliance Programs...
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June 14, 2023
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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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June 14, 2023
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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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June 11, 2023
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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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June 07, 2023
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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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