Employment Law Commentary

January 23, 2023 - OFCCP, Announcements
OFCCP Releases New Audit List for 2023
By: Andrew R. Turnbull and Sadé V. Tidwell
On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a list of 500 contractor establishments scheduled to receive advance audit notices known as Corporate Scheduling Announcement Letters (CSALs). CSALs are courtesy letters that OFCCP sends to federal contractors and subcontractors
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September 16, 2022 - OFCCP
OFCCP Extends Deadline to Object to FOIA Request for EEO-1 Reports
By: Andrew R. Turnbull and Sadé V. Tidwell
On September 15, 2022, OFCCP announced that it is extending the September 19, 2022 deadline for contractors to object to Type 2 EEO-1 Reports in response to the Freedom of Information Act (FOIA) request by the Center for Investigative Reporting (CIR). OFCCP extended the
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August 26, 2022 - OFCCP
OFCCP’s Revised Directive Softens on Seeking Privileged Pay Analysis
By: Andrew R. Turnbull
On August 18, 2022, OFCCP issued a revised Directive 2022-01 (the “Revised Directive”) clarifying that contractors will not be required to provide any privileged pay analysis conducted for purposes of compliance with 41 C.F.R. § 60-2.17(b)(3). Although OFCCP’s clarification is welcome news for contractors,
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May 26, 2022 - EEOC, Pay Equity, OFCCP
Navigating Pay Equity and Transparency Compliance During the Great Resignation
By: Andrew R. Turnbull, Eric Gebert and David F. Papas
With a record breaking 4.5 million Americans quitting their jobs in March 2022, the Great Resignation has created a tension between meeting the increased business demand for talent, and compliance with the growing patchwork of pay equity and transparency laws. Numerous states and localities
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April 06, 2022 - OFCCP
OFCCP Signals Return to More Aggressive and Less Transparent Audits
By: Andrew R. Turnbull
In the last three weeks alone, OFCCP has issued two significant Directives and a notice of proposed rulemaking, signaling its intent to be far more aggressive and less transparent in compliance evaluations than under the Trump Administration. These developments include: Issuing, on March 15,
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December 03, 2021 - OFCCP, Department of Labor (DOL)
Ready, Set, Certify: OFCCP Releases Mandatory Annual AAP Certifications
By: Andrew R. Turnbull
On December 2, 2021, OFCCP announced that it was launching its Affirmative Action Program Verification Initiative (the AAP VI), requiring all federal supply and service contractors and subcontractors to certify annually whether they have developed and maintained an affirmative action program (AAP) for each
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October 13, 2021 - OFCCP, Announcements, Coronavirus (COVID-19), Department of Labor (DOL), Legislation
Webinar: Untangling the Vaccine Mandate: Practical Steps for Contractors to Navigate Executive Order 14042
Please join us on October 14, 2021, as we discuss the latest developments on Biden's Executive Order 14042 in our upcoming webinar, "Untangling the Vaccine Mandate: Practical Steps for Contractors to Navigate Executive Order 14042," from 1:00 p.m. - 2:30 p.m. EDT. On September 24, 2021, the
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September 24, 2020 - Discrimination, OFCCP, Workplace Misconduct
President Trump Issues Executive Order Banning Federal Contractors from Race and Sex Stereotyping Training
By: Andrew R. Turnbull and Locke Bell
On September 22, 2020, President Trump signed an Executive Order on Combatting Race and Sex Stereotyping (the “EO”), prohibiting federal contractors and certain federal grant recipients from holding diversity and EEO training for their workforce that includes “divisive concepts,” such as training employees that
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September 17, 2020 - OFCCP
OFCCP Seeks Comments on Annual AAP Certification Proposal
By: Andrew R. Turnbull and Victoria Dalcourt Angle
Government contractors may soon be required to certify annually that they have affirmative action programs (“AAP”) in place for their U.S. workforce. On September 14, 2020, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a notice seeking comments for its proposal to the
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October 05, 2017 - OFCCP
Workplace Bias and Gender Pay Equity in Silicon Valley
By: Eric Akira Tate and Annabel Gillham
It was only a couple of years ago, on March 27, 2015, that a jury rejected Ellen Pao’s gender discrimination claims and rendered a defense verdict in favor of her former employer, a prominent Silicon Valley venture capital firm. The Ellen Pao case, and
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