Affirmative Action

Wednesday, May 24, 2023

CWC’s written comments to the Office of Management and Budget contend that burdensome changes that OFCCP is proposing to its compliance evaluation scheduling letter are neither warranted nor likely to increase agency efficiency.

Monday, May 8, 2023

CWC’s recent virtual roundtable on OFCCP’s 2023 AAP-VI certification requirements provided our members with an opportunity to discuss compliance strategies.

Monday, May 1, 2023

Our written comments to the White House Office of Management and Budget are in response to preliminary proposals for revising the government’s race/ethnicity data collection and reporting standards, and explain how those changes would impact complian

Wednesday, April 26, 2023

CWC has filed comments with the White House Office of Management and Budget urging that agency to mandate sensible changes to OFCCP’s overly prescriptive Form CC-305 before giving OFCCP clearance to continue using the form for another three years.

Thursday, April 20, 2023

MEMBER FEEDBACK REQUESTED. Despite constructive comments for improvement submitted by CWC, OFCCP is asking the White House Office of Management and Budget to approve a revised Scheduling Letter and Itemized Listing that would substantially increase t

Friday, April 14, 2023

Information posted thus far by OFCCP on the 2023 online “Affirmative Action Program Verification Interface” certification process suggests it will be similar to last year, although some important compliance-related questions still remain unresolved.

Monday, April 3, 2023

OFCCP has reset its annual national percentage of veterans in the civilian labor force, the benchmark used by most federal contractors for meeting protected veterans affirmative action requirements, at 5.4%, down from 5.5% in 2022.

Monday, April 3, 2023

Jenny Yang, who was appointed as OFCCP Director by President Biden on his first day in office, has assumed a position in the White House as Deputy Assistant to the President for Racial Justice and Equity. In a related development, long time career OF

Wednesday, March 29, 2023

MEMBER FEEDBACK REQUESTED. OFCCP is asking the White House Office of Management and Budget for approval to extend OFCCP’s Section 503 and Section 4212 recordkeeping requirements for another three years, with only minor changes to the prescriptive dis

Tuesday, March 28, 2023

Driven in large part by enactment of the major infrastructure bill enacted by Congress in 2021, OFCCP has relaunched its “Mega Construction Project Program” (MCPP), an agency initiative originally created in 1989 to promote diverse hiring and equal o

Wednesday, March 22, 2023

The Labor Department’s Office of Federal Contract Compliance Programs has announced that covered federal contractors will be able to begin certifying compliance via the agency’s AAP Verification Interface beginning on March 31, 2023. OFCCP has yet to

Wednesday, February 8, 2023

Our new guidance memo is in response to requests from our members asking how they can leverage their AAPs to enhance organizational objectives while ensuring ongoing compliance.

Tuesday, January 31, 2023

Our comments to OFCCP in response to the agency’s announced intent to revise its compliance evaluation “Scheduling Letter” question whether a projected 35% increase in the burden imposed on federal contractors will make the audit process more “effici

Wednesday, January 25, 2023

CWC has filed written comments with OFCCP asking the agency to relax its rigid requirement that federal contractors must use the agency’s prescribed disability self-ID Form CC-305 despite ample evidence that the form is not effective in encouraging i

Wednesday, January 25, 2023

OFCCP has posted a new Corporate Scheduling Announcement List identifying 500 federal contractor establishments that it intends to audit in the near future. Unlike the essentially random methodology employed in generating previous CSALs, OFCCP is exp

Monday, December 19, 2022

MEMBER FEEDBACK REQUESTED. Our recent members-only roundtable featured a robust discussion of proposed changes that OFCCP wants to make to its compliance evaluation Scheduling Letter and Itemized Listing, with participants expressing concern regardin

Thursday, December 1, 2022

MEMBER FEEDBACK REQUESTED. OFCCP is proposing some minor changes to the form (CC-305) it requires federal contractors to use to allow individuals to voluntarily self-ID their disability status. CWC plans to submit comments with OFCCP urging further i

Wednesday, November 30, 2022

MEMBER FEEDBACK REQUESTED. Less than ten years after OFCCP made extensive changes to its scheduling letter and accompanying “itemized listing” that required federal contractors to submit substantially more data, the agency is proposing to do so again

Thursday, November 17, 2022

The Supreme Court is considering legal challenges brought against two universities claiming that race-based considerations used in their admissions policies are unlawful. The cases are the first that the High Court has heard in many years on the lega

Monday, November 14, 2022

Now that OFCCP is requiring federal contractors to post the EEOC’s new “Know Your Rights” poster, we thought it would be helpful to update our guide on all current OFCCP posting requirements.

Tuesday, November 1, 2022

As expected, OFCCP has informed federal contractors that they must begin using the EEOC’s new “Know Your Rights” poster to replace the familiar “EEO is the Law” poster and poster supplement that contractors have been using for years to meet OFCCP pos

Tuesday, October 25, 2022

We expected the Biden Administration’s Labor Department to be more aggressive in filing formal OFCCP-related administrative lawsuits, but that hasn’t been the case until now. Things may be changing, however, as our memo explains.

Tuesday, September 27, 2022

MEMBER FEEDBACK REQUESTED. OFCCP regulations require covered federal contractors to make their Section 503/VEVRAA AAPs “available” to applicants and employees upon request. The regulations don’t address how this should be done in a remote work enviro

Monday, September 26, 2022

OFCCP has received approval from the White House Office of Management and Budget to continue its Functional Affirmative Action Program option for another three years. The program as extended contains some welcome improvements that may encourage great

Tuesday, September 13, 2022

Our latest update of OFCCP financial settlements summarizes seven new settlements posted by the agency since our last update in May.

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