Since it was issued in September 2020, Executive Order 13950 – Combatting Race and Sex Stereotyping has been a source of controversy and criticism. Speculation as to the fate of the Executive Order in the future Biden/Harris administration has accelerated in recent weeks with talks of rescission and legal challenges. While we await the ultimate
Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She is a member of the firm’s Affirmative Action and OFCCP Defense practice group as well as the firm’s Pay Equity Resource Group. She is also on the leadership team for the firm’s Government Contractor Industry Group.
Her practice is focused on representing government and non-government contractors in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. Ms. Mitchell personally oversees the development of hundreds of AAPs each year and is intimately involved in the defense of numerous OFCCP audits. She also spends significant time counseling companies in connection with conducting pay equity analyses as well as government contractor employment obligations.
Ms. Mitchell is the editor and a principal contributor of The Affirmative Action Law Advisor blog and frequently presents on pay equity, affirmative action compliance, OFCCP enforcement trends, and government contractor obligations.
NILG Webinar Series: OFCCP Policy Update
In another installment of the NILG’s 2020 Virtual Conference Webinar Series, OFCCP’s National Policy team presented updates on the Agency’s directives, regulatory activity, policies and procedure developments.
Director of Policy and Program Development, Tina Williams confirmed “the agency has been busy” and walked attendees through the policy developments and upcoming Agency initiatives. Highlights of
BREAKING NEWS: No EEO-1 Reporting in 2020
EEOC has announced there will be no EEO-1 reporting obligation in 2020.
In a press release, EEOC acknowledged it
will delay the anticipated opening of the 2019 EEO-1 Component 1 data collection and the 2020 EEO-3 and EEO-5 data collections because of the Coronavirus Disease 2019 (COVID-19) public health emergency.
The announcement stated that
OFCCP Releases New Directives to Improve the Enforcement Experience, Including a Commitment to Increase Efficiency In Audits
In case any of you have been wondering, OFCCP is not slowing down amidst the COVID-19 pandemic. While the Agency has been thoughtful and reasonable in extending response times for audits and even granting a National Interest Exemption for new contractors helping respond to the pandemic, OFCCP continues to schedule new audits, now with newly
OFCCP Says AAP Data Safe While the Agency Works Remotely
When federal contractors share sensitive data – including pay data – with the OFCCP, data security is always a concern. Is your data any less secure during the COVID-19 pandemic as more compliance officers than usual work from home?
Last week, OFCCP addressed this concern with a bulletin entitled, “OFCCP is Committed to Keeping Your
OFCCP Streamlines FAAP Approval Process During COVID-19 Pandemic
Consistent with its efforts to encourage federal contractors to consider functional affirmative action plans (FAAPs) as an alternative to establishment AAPs, OFCCP last week issued a bulletin stating it is open for FAAP business. Because FAAPs require OFCCP approval and updating, OFCCP does not want current circumstances to deter contractors from FAAPs.
In an
OFCCP Clarifies Audit Response Obligations and Expectations during COVID-19 Pandemic
The National Industry Liaison Group has worked with OFCCP leadership to clarify contractor obligations and OFCCP expectations for compliance reviews that are moving forward during this unprecedented time. The below are in addition to the National Interest Exemption recently announced by the Agency.
By e-mail, NILG shared OFCCP has informed it of the following protocols
Temporary E-Verify Policies Announced for Delays Due to COVID-19
E-Verify has modified its policies temporarily due to coronavirus (COVID-19) pandemic to ease the burden on employers and employees.
Check out the article the leaders of our Immigration Practice Group have just released on this development.
OFCCP Grants Exemption and Waiver for New Coronavirus Relief Contracts
In a Memorandum issued yesterday, OFCCP has granted a three-month, national interest exemption and waiver from AAP obligations for new federal contracts “entered into specifically to provide Coronavirus relief.”
In summary, the “exemption and waiver extends to all affirmative action obligations of supply and service and construction contracts, and other obligations as specified in” FAR