Affirmative Action

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.

Tuesday, August 23, 2022

WEB WORKSHOP SCHEDULED. OFCCP has issued a revised “compensation analysis” directive clarifying that agency compliance officers will not demand an analysis prepared under an applicable legal privilege as OFCCP claimed it had the right to do under the

Tuesday, August 16, 2022

MEMBER FEEDBACK REQUESTED. CWC is pleased to announce the launch of our new Integrating Compliance and Diversity, Equity & Inclusion memo series, leading with this introductory primer on the proper use of OFCCP-required “placement goals” for women an

Monday, August 1, 2022

In an announcement last week that also indicates its online AAP-VI Portal remains open despite a June 30 certification deadline, OFCCP has clarified that federal contractors that have not yet certified but have a pending Help Desk request made before

Monday, July 18, 2022

Our memo provides the latest information regarding the “HIRE” initiative, a joint effort between the EEOC and OFCCP launched last January that is designed to “identify strategies to remove unnecessary barriers to hiring and to promote effective, job-

Wednesday, July 13, 2022

While there has been no official announcement from OFCCP, the online Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal is still open, despite a June 30 certification deadline. Our memo delves into the possible reasons why.

Tuesday, July 5, 2022

CWC has filed written comments with the Office of Management and Budget urging it to approve OFCCP’s request to extend the Functional Affirmative Action Program (FAAP) application and approval process for another three years, albeit with one minor ch

Thursday, June 16, 2022

As the June 30 deadline for federal contractors to certify with OFCCP’s new AAP-VI approaches, many CWC members have questions about what it means to have “developed and maintained” their AAPs. Our memo and attached checklist provide guidance.

Wednesday, June 8, 2022

MEMBER FEEDBACK REQUESTED. OFCCP is seeking approval from the White House Office of Management and Budget to extend the Functional Affirmative Action Program option for another three years, a move that CWC supports.

Thursday, June 2, 2022

In a new FAQ posted to its AAP-VI portal late last week, OFCCP has reversed course and is now saying that contractor establishments with fewer than 50 employees must be included if the contractor maintains an AAP for that site, even though not requir

Wednesday, June 1, 2022

Sometime in the next few months, OFCCP is expected to publish a formal proposal to modernize its “60-2” AAP regulations. Our memo proves a preview of some of the things it is likely to include.

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