Agency Enforcement

Memo
24-120
Thursday, July 18, 2024

MEMBER FEEDBACK REQUESTED. OFCCP is asking OMB for approval to reinstate a burdensome reporting requirement on federal construction contractors that the agency originally abandoned in 1995 as putting a strain on OFCCP resources.


Memo
24-114
Tuesday, July 9, 2024

OFCCP has announced 16 formal settlements of enforcement actions against federal contractors during the first three quarters of the fiscal year. Our memo provides details.


Memo
24-110
Monday, July 1, 2024

MEMBER FEEDBACK REQUESTED. OFCCP has asked OMB for approval to use a more detailed scheduling letter and itemized listing for compliance reviews of construction contractors. While the agency rejected our recommendations, its response provides some in


Memo
24-107
Wednesday, June 26, 2024

As the July 1 certification deadline approaches, technical issues have once again frustrated OFCCP’s Contractor Portal certification process.


Memo
24-104
Tuesday, June 18, 2024

Our comments to the Office of Management and Budget argue that OFCCP’s Contractor Portal remains overly burdensome to federal contractors, and that changes should be made before it is extended for another three years


Memo
24-100
Wednesday, June 12, 2024

The ruling by a divided federal appeals court signals another potential setback for corporate programs designed to advance DEI initiatives.


Memo
24-084
Thursday, May 16, 2024

MEMBER FEEDBACK REQUESTED. OFCCP has filed a formal request with the White House Office of Management and Budget to continue using its Contractor Portal for another three years. OMB is accepting comments on OFCCP’s request, and CWC intends to comment


Memo
24-079
Thursday, May 9, 2024

Federal contractors may find helpful a new guidance document published by OFCCP that outlines the risks and obligations that are potentially triggered by the use of AI and other automated systems in the workplace.


Memo
24-074
Tuesday, April 30, 2024

Our written comment letter to OFCCP urges the agency to back off on expansive changes it is proposing to the construction contractor Scheduling Letter and Itemized Listing, arguing that all parties would be better served by limiting detailed informat


Memo
24-073
Thursday, April 25, 2024

CWC has filed written comments with OFCCP objecting to the agency’s proposal to reinstate an expanded version of its long-discontinued and highly burdensome monthly utilization reporting requirement for federal construction contractors and subcontrac


Memo
24-063
Wednesday, April 10, 2024

OFCCP has officially opened its annual online Contractor Portal by way of which covered federal contractors must certify their compliance with the agency’s AAP requirements. Certifications must be completed by July 1, 2024.


Memo
24-060
Thursday, April 4, 2024

CWC WEB WORKSHOP ON THURSDAY, APRIL 11. The White House Office of Management and Budget has revised the standards that federal agencies use to collect race/ethnicity data, and it will take some time before the changes are incorporated into collection


Memo
24-058
Tuesday, April 2, 2024

OFCCP has announced that the annual Vets Hiring Benchmark, which most federal contractors use as their protected veterans hiring benchmark for complying with OFCCP’s affirmative action regulations under the Vietnam Era Veterans’ Readjustment Assistan


Memo
24-046
Wednesday, March 13, 2024

MEMBER FEEDBACK REQUESTED. Just three years after requiring federal construction contractors to submit detailed information to OFCCP with regard to meeting their nondiscrimination and affirmative action obligations, OFCCP now wants them to submit eve


Memo
24-037
Monday, February 26, 2024

As part of the Biden Administration’s effort to keep pay equity in the forefront as a domestic policy priority, OFCCP has published a set of FAQs reiterating long-standing principles of existing employment law with regard to using pay history in maki


Memo
24-031
Thursday, February 15, 2024

CWC has filed written comments with OFCCP regarding the agency’s announced intent to extend its Contractor Portal requirements, urging OFCCP to make some changes that will reduce the unnecessary compliance burden that the portal currently imposes.


Memo
24-005
Thursday, January 4, 2024

MEMBER FEEDBACK REQUESTED. OFCCP has announced that it intends to seek approval from the White House Office of Management and Budget (OMB) to keep using its Contractor Portal, the online tool allowing federal contractors to certify annually that they


Memo
23-221
Thursday, November 16, 2023

MEMBER FEEDBACK REQUESTED. Effective November 1, 2023, OFCCP has revised its discrimination complaint filing process to include a new Pre-Complaint Inquiry Form designed to assist the agency in weeding out non-meritorious allegations and evaluate whe


Memo
23-212
Wednesday, November 1, 2023

Sometime within the near future OFCCP is expected to roll out a major proposal to “modernize” its AAP regulations. Our recent conference delved into what CWC members can expect, and offered guidance on how to prepare.


Memo
23-192
Monday, October 2, 2023

Our latest roundup of financial settlements of enforcement actions posted by OFCCP includes 12 new conciliation agreements that have been agreed to since our last update in January.


Memo
23-180
Tuesday, September 12, 2023

MEMBER FEEDBACK REQUESTED. Following OFCCP’s recent adoption of a burdensome new Scheduling Letter and Itemized Listing, the agency has now put some 1,000 federal contractor establishments on notice to get ready for a compliance audit.


Memo
23-171
Wednesday, August 30, 2023

As we anticipated, opponents of affirmative action are following up their successful Supreme Court challenge of the admissions policies of Harvard and UNC by beginning to sue private sector entities, alleging unlawful race-based discriminatory employ


Memo
23-151
Tuesday, August 1, 2023

MEMBER FEEDBACK REQUESTED. CWC’s new Talking Points guide on the Supreme Court’s landmark college admissions ruling is designed to assist you in educating internal stakeholders on what the Court said (and didn’t say), and what the ruling may mean for


Memo
23-142
Tuesday, July 18, 2023

Seizing upon the Supreme Court’s recent ruling barring the consideration of race in college admissions, the Republican Attorneys General of 13 states have signed a letter sent to Fortune 100 companies putting them on notice that their DEI practices a


Memo
23-135
Monday, July 10, 2023

Sign Up for Virtual Member Roundtable on July 12. The Supreme Court’s recently issued landmark ruling rejecting the use of race in the admissions policies of Harvard and the University of North Carolina has potential implications for corporate CD&I p


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