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Showing posts for: Affirmative Action

Sep 01 2022
Affirmative ActionHarassment & DiscriminationWage and Hour

OFCCP revises its directive on compensation analysis

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) updated the pay equity directive it had published just five months earlier (which we reported here). OFCCP compliance officers will now follow Directive 2022-01 Revision 1 (Advancing Pay Equity Through Compensation Analysis) when conducting affirmative action audits of federal supply and service contractors…

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Sep 01 2022
Affirmative Action

Federal contractors have until 9/19/22 to object to release of EEO-1

On August 19, 2022, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register that an investigative reporter has filed a Freedom of Information Act (FOIA) request for EEO-1 Report data filed by federal contractors (including first-tier subcontractors) from 2016 through 2020. Federal contractors who don’t want their data to…

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Aug 04 2022
Affirmative Action

2022 VETS-4212 Report website open for filing

Covered federal contractors can now file their 2022 VETS-4212 Reports, which are due on September 30, 2022, to the U.S. Department of Labor. Filing is required for all employers with a single federal contract or subcontract worth at least $150,000. The VETS-4212 Report gives the federal government a snapshot of the number of protected veterans…

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Jul 07 2022
Affirmative ActionHarassment & DiscriminationTermination & Resignation

OFCCP posts more affirmative action settlements

The Office of Federal Contract Compliance Programs (OFCCP) recently posted another significant financial settlement with a federal contractor, arising out of a routine affirmative action audit. Without admitting liability, Becton, Dickinson and Company agreed to pay $499,349 in back pay and interest to resolve allegations that it discriminated against 125 female applicants at three locations in Nebraska. The…

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May 05 2022
Affirmative ActionHiringWage and Hour

Federal contractors settle group hiring and pay claims with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) recently secured three significant settlements from employers with federal contracts. The companies didn’t admit liability, but signed conciliation agreements after routine affirmative action audits uncovered disparities in hiring and compensation. IQVIA Inc. agreed to pay $550,000 in back wages and interest to resolve allegations that it discriminated…

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Apr 21 2022
Affirmative Action

OFCCP contractor portal is now open; certifications due June 30, 2022

The OFCCP Contractor Portal is now open for federal supply and service contractors to certify their affirmative action plan (AAP) compliance no later than June 30, 2022. (Construction contractors aren’t required to participate at this time.) You don’t have to upload your written AAP, but you do need to certify that you have developed and…

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Apr 07 2022
Affirmative Action

OFCCP updates veterans hiring benchmark as of March 31, 2022

The Office of Federal Contract Compliance Programs (OFCCP) announced that the hiring benchmark for protected veterans is dropping slightly, to 5.5 percent (down from 5.6 percent) effective March 31, 2022. This means that federal contractors’ affirmative action plans (AAPs) with plan dates of April 1, 2022, or later should use the new figure in their…

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Apr 07 2022
Affirmative Action

OFCCP resets expectations for contractors during audits

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2022-02 (Effective Compliance Evaluations and Enforcement), which eliminates some employer-friendly affirmative action audit procedures and establishes high expectations going forward. This is the second directive issued by OFCCP Director Jenny Yang, who was appointed by President Biden in January 2021. It…

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Mar 17 2022
Affirmative ActionHarassment & Discrimination

Federal contractors subject to two-pronged pay equity focus

On March 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a pay equity directive and President Biden issued an executive order related to pay equity for federal contractors. Both were timed to coincide with Equal Pay Day. The OFCCP’s Directive 2022-01 (Pay Equity Audits) reminds federal contractors of their obligation under existing…

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Feb 03 2022
Affirmative ActionCOVID-19

Nationwide federal contractor vaccine ruling limited to shots

The federal district court in Georgia that issued a nationwide temporary hold on the federal contractor COVID-19 (coronavirus) vaccine mandate in December 2021 recently clarified that its ruling was limited to vaccinations only, and not the other portions of the mandate, which address masks, physical distancing, and designation of a COVID-19 coordinator (Georgia v. Biden,…

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Jan 06 2022
Affirmative ActionCOVID-19

Federal contractor vaccine mandate still on hold

We previously reported that the COVID-19 (coronavirus) vaccine mandate for certain federal contractors is on hold nationwide, and that remains the case. Lawsuits filed in federal district courts are slowly working their way through the legal system, but so far, no court has reinstated the mandate. Tips: As reported elsewhere in today’s newsletter, the U.S….

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Jan 06 2022
Affirmative Action

“Ban the box” restrictions apply to new federal contracts

Federal contractors must wait to ask applicants about criminal convictions until making a conditional job offer, beginning with any federal contracts resulting from solicitations issued after December 20, 2021. We previously reported on the federal law that established this “ban the box” requirement for federal contractors. It's part of the “Fair Chance to Compete for…

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