The Office of Federal Contract Compliance Programs recently issued the agency’s first opinion letter, as promised by Directive 2018-08. Opinion letters are to serve as guidance on specific topics responding to helpdesk inquiries or direct requests for opinion letters. These letters do not change laws, regulations, or OFCCP policy and do not provide legal advice.
The U.S. Supreme Court has agreed to take on two issues that directly impact Federal Contractors this week. The first case is based on the Civil Rights Act of 1964 and debates the question of if that statue extends anti-discrimination provisions based on sexual orientation or transgender status. Federal appeals courts have come to opposing conclusions on this provision, from New York, Georgia, and Illinois.
Register for the final webinar of Berkshire's Section 503 series taking place on April 24, 2019 at 1 p.m. In the last of the webinars, Lynn Clements, a former OFCCP and EEOC official who now serves as the Director of Regulatory Affairs at Berkshire Associates, closes out the series by discussing common employer practices that might come under scrutiny this year. Register today, and listen to Lynn review what the government thinks of employer policies related to use of leaves of absence as an accommodation, attendance practices, and pregnancy-related restrictions.
This week, OFCCP published a request to extend the Functional Affirmative Action Program (FAAP) process with no changes to the existing requirements. The FAAP is an alternative to typical establishment-based AAPs; contractors provide detailed information to the agency and can receive approval to create functional, rather than geographic, plans. The current Office of Management and Budget (OMB) approval for the FAAP documents expires on April 30, and OFCCP has applied to extend the authorization for another three years.
Continuing its focus of ensuring the agency is covering all types of government contractors’ compliance with their affirmative action obligations, OFCCP has proposed to conduct compliance checks for construction contractors with direct federal contracts and federally assisted contracts. Comments on the proposal are due June 7, 2019.
The Office of Federal Contract Compliance Programs (“OFCCP”) held two town hall sessions in New York City this week, focused on the financial and legal industries. The town halls followed the format of earlier sessions, with attendees being asked to provide feedback about several topics, including the agency’s current enforcement practices and ideas for how the OFCCP could help contractors promote diversity in hiring, fairness in promotions and disability inclusion.
OFCCP is now accepting applications for the 2019 HIRE Vets Medallion Award! This award recognizes federal contractors who have made it their mission to hire, recruit, and retain America’s heroes. Organizations of all sizes can apply, over 230 organizations received the award last year and the process is easy and secure.
The application period is open from now through April 30. Click here for more details.