Affirmative Action

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

A federal trial court in Texas has ruled that a legal challenge by that state to expanded guidance on sexual orientation/gender identity guidance issued by the EEOC last year can proceed, rejecting the Administration’s various arguments that the laws

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.

Tuesday, May 31, 2022

Our most recent member roundtable featured a lively discussion among participants and CWC’s staff experts on the practical implications of OFCCP Director Jenny Yang’s new enforcement directive.

Thursday, May 26, 2022

As the June 30 deadline for data submissions under OFCCP’s new AAP-VI process approaches, the agency has rolled out a new bulk upload option that federal contractors with 100 or more establishments may find beneficial.

Monday, May 23, 2022

OFCCP has posted a new Corporate Scheduling Announcement List that flags some 400 federal contractor establishments for an upcoming compliance evaluation. Industries that increased hiring during the pandemic are prioritized for audits.

Wednesday, May 18, 2022

It’s been 16 months since OFCCP Director Jenny Yang assumed office, and during that time there have been some significant changes in key agency leadership positions. Our memo provides an update.

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

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