Affirmative Action

Wednesday, May 11, 2022

In a positive development for employers that have implemented telework policies in response to COVID-19, the U.S. Citizenship and Immigration Services agency has extended its temporary policy allowing remote inspection of I-9 documents until October

Wednesday, April 27, 2022

MEMBER FEEDBACK REQUESTED. CWC has filed a comment letter with OFCCP in general support of the agency’s announced intent to extend its Functional Affirmative Action Program for another three years, while recommending some minor revisions that we beli

Thursday, April 7, 2022

OFCCP has posted a number of new clarifying FAQs that address issues raised with the agency by CWC regarding compliance with the agency’s recently-launched Affirmative Action Program-Verification Interface.

Wednesday, April 6, 2022

A new directive issued by OFCCP Director Jenny Yang regarding the return to some of the agency’s former enforcement practices confirms what we’ve been expecting for some time.

Thursday, March 17, 2022

In the first major policy development since she assumed office, OFCCP Director Jenny Yang has issued a new directive instructing agency compliance officers to ask for a contractor’s pay analyses during a compliance evaluation, regardless of whether t

Monday, March 7, 2022

As the March 31 date allowing federal contractors to begin certifying their AAP obligations via OFCCP’s new Affirmative Action Program Verification Interface (AAP-VI) approaches, key questions about how the process works remain unanswered.

Wednesday, February 23, 2022

In a positive development for federal contractors, OFCCP has announced that it is seeking approval to extend its Functional Affirmative Action Program compliance option for several more years.

Wednesday, February 9, 2022

The online “Contractor Portal” to register with OFCCP’s new Affirmative Action Program Verification Interface opened on February 1, but many questions about how covered federal contractors will have to come.

Tuesday, January 11, 2022

The Equal Employment Opportunity Commission has announced that it will no longer accept so-called “Type 6” establishment records for the upcoming 2021 EEO-1 Report filing season. EEO-1 filers with establishments employing fewer than 50 employees will

Thursday, January 6, 2022

An expected jump in OFCCP enforcement activity after the Biden Administration assumed office has not yet occurred, according to data released recently by the agency. Budget constraints likely are a contributing factor.

Wednesday, January 5, 2022

Employers required to file annual EEO-1 reports will be able to file their 2021 EEO-1s with the Equal Employment Opportunity Commission beginning on April 12, 2022, according to an announcement posted recently by the agency.

Wednesday, December 8, 2021

OFCCP has announced important dates regarding its new online “Affirmative Action Plan Verification Interface.” The Contractor Portal will open February 1, 2022, contractors can begin the certification process on March 31, 2022, and certifications mus

Tuesday, November 23, 2021

We are pleased to let you know that a number of CWC members are among the recipients of the 2021 HIRE Vets Medallion Award, which is presented by the Labor Department annually to companies that demonstrate exemplary efforts in recruiting, employing,

Monday, November 15, 2021

As expected, OFCCP has published a proposal to rescind regulations issued at the end of the Trump Administration that broadened the religious exemption under E.O. 11246.

Wednesday, October 27, 2021

In conjunction with the end of its fiscal year on September 30, OFCCP recently announced nine new financial settlements resolving discrimination allegations brought by the agency against federal contractors. Our memo provides a summary.

Wednesday, October 13, 2021

Our latest memo on OFCCP jurisdictional issues looks at the agency’s use of a five-factor “single entity” test in determining whether a particular entity is subject to OFCCP requirements.

Thursday, September 9, 2021

OFCCP has announced that it will require federal contractors that use the “EEO Special File” to calculate availability estimates to begin using the new 2014-2018 EEO Tabulation for AAP plan years beginning on or after January 1, 2022.

Tuesday, September 7, 2021

OFCCP has now received final clearance to begin implementing its new online verification portal, which will require covered federal contractors to certify annually that they have prepared a written AAP. Mark your calendars for a September 28 CWC web

Thursday, August 26, 2021

Director Jenny Yang has appointed long-time OFCCP official Michele Hodge as the agency’s career Deputy Director, rounding out OFCCP’s top leadership team.

Tuesday, August 24, 2021

The U.S. Securities and Exchange Commission has approved a new rule requested by the Nasdaq stock exchange that will require Nasdaq-traded companies to annually report detailed data on the diversity of their Boards of Directors.

Tuesday, August 17, 2021

The House of Representatives has approved big funding increases for several workplace enforcement agencies, including OFCCP and the NLRB. The House is also expected to approve a big increase for the EEOC as well. Final numbers will not be determined

Monday, August 2, 2021

As a follow-up to our recent memo on the “basics” of OFCCP’s jurisdictional coverage, this memo focuses on who qualifies as a covered OFCCP subcontractor.

Thursday, July 22, 2021

In anticipation of OFCCP issuing its new Affirmative Action Program Verification Initiative (AAP-VI) sometime within the near future, we thought this would be a good time to cover the basic rules that govern OFCCP jurisdiction.

Wednesday, July 7, 2021

OFCCP has posted its online Fiscal Year 2021 Corporate Advance Notice Scheduling List (CSAL) flagging some 750 contractor establishments for an upcoming compliance audit.

Monday, June 21, 2021

There have been some important changes in key leadership positions at the OFCCP since the Biden Administration assumed office, as our memo explains.

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