Category Archives: Industry Update

EEO-1 FOIA Request Objection Deadline Extended to October 19, 2022

As HR Works previously reported, the Office of Federal Contract Compliance Programs (OFCCP) recently issued a public notice to employers that the agency has received a Freedom of Information Act (FOIA) request to disclose EEO-1 Reports filed by federal contractors and subcontractors (collectively, “contractors”). Contractors who do not wish to have their Type 2 Consolidated EEO-1 Report […]

OFCCP Contractor Portal Update

On August 29, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a reminder to affirmative action employers that the Contractor Portal remains open for certification and the Technical Help Desk remains available for employers in need of technical support. Federal contractors and subcontractors (collectively, contractors) who are required to certify and have not yet done so are […]

The Veterans’ Employment and Training Service (VETS) Filing Deadline is September 30, 2022

Federal Contractors with 1 or more employees and a Federal contract or subcontract valued at $150,000 or more are required to file VETS-4212 Reports annually. The annual filing period for form VETS-4212 is August 1 through September 30. The data in the report must reflect a 12-month period preceding a payroll period end date between 7/1/2022 […]

Notification of Construction Contract Award Portal

Federal construction contractors have a regulatory requirement to notify the Office of Federal Contract Compliance Programs (OFCCP) of receipt of a contract to perform construction work in excess of $10,000. Historically this notification was handled via mail or email. On August 26, 2022, OFCCP launched its Notification of Construction Contract Award Portal (NCAP) to offer an online, consistent, and […]

15,000 Employers Must Decide Whether to Object to FOIA Request

The Office of Federal Contract Compliance Programs (OFCCP) has issued a public notice to employers that the agency has received a Freedom of Information Act (FOIA) request to disclose EEO-1 Reports filed by federal contractors and subcontractors (collectively, “contractors”). Employers have until September 19th to object. The reports have been requested by Will Evans, a reporter for the Center […]

OFCCP Revises Directive on Compensation Analysis

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) published a revised Directive, “Advancing Pay Equity Through Compensation Analysis” (“Directive”), to clarify its guidance and explain how the agency reviews contractors’ documentation of compliance. For details on the previous guidance, refer to our April blog post. The revised Directive states that in order to determine […]

Court Finds EEOC Guidance on Sexual Orientation and Gender Identity Unenforceable in Certain States

In 2020, the U.S. Supreme Court held in Bostock v. Clayton County that Title VII of the Civil Rights Act’s (“Title VII”) prohibition on employment discrimination because of sex includes discrimination on the basis of sexual orientation and gender identity. In response, the EEOC issued guidance that elaborates on these employment protections, providing several scenarios that it considers violate Title VII. The guidance […]

EEOC Affirms Pay Data Collection is Key to Improving Pay Equity

On July 28th, the Equal Employment Opportunity Commission (EEOC) released the findings of a study examining the EEOC’s first-time collection of compensation data. The study concluded that collecting pay data is an important tool for the EEOC to target its enforcement and investigation efforts and advance pay equity. The study was conducted by the National Academies of […]

OFCCP’s Affirmative Action Program Certification Updates

The deadline for ‘service and supply’ contractors to certify the compliance of their affirmative action programs (AAPs) was June 30, 2022. According to a recent announcement by the OFCCP, this deadline has NOT been extended and contractors are urged to certify their compliance with their AAP obligations as soon as possible. IMPORTANT: Federal agency contracting […]

EEOC Issues Update Guidance on COVID-19 Testing

The Equal Employment Opportunity Commission (EEOC) has updated its guidance, entitled, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”, concluding that U.S. employers are beyond the emergency stage of the pandemic, when mandatory testing for COVID-19 was automatically deemed to be “job-related” and “consistent with business necessity.” […]