Since taking office, President Biden has issued Executive Orders covering topics from climate change to mask mandates.  Some of these new Executive Orders are aimed at eliminating discrimination and promoting equity at the federal level.  These directives will likely result in new requirements for private sector companies that are government contractors or subcontractors, and could require them to revise practices and policies in order to keep, or procure new, government contracts.
Continue Reading Executive Orders Impact Federal Agencies and Government Contractors

Earlier this month, the EEOC launched EEOC Explore, “an interactive data query and mapping tool” that gives users access to aggregate data on more than 73,000 employers and 56 million employees across the United States.  According to the agency, EEOC Explore “enables stakeholders to explore and compare data trends across a number of categories, including location, sex, race and ethnicity, and industry sector without the need for experience in computer programming or statistical analysis.”
Continue Reading “EEOC Explore” Tool Launched to Provide Greater Transparency and Access to Diversity Data – Employers Beware Overreaching and Generalizations

The Department of Labor has released a new set of “Questions and Answers” for employers under the Families First Coronavirus Response Act.  The guidance supplements the temporary rule issued by DOL in April; final regulations are still forthcoming.
Continue Reading DOL Updates Guidance on Coronavirus Paid Leave Law, Addresses Business Reopenings

Since 2014, OFCCP-covered employers have been required to invite job applicants, pre-offer, to disclose their disability status via a form prescribed by the OFCCP.  The information thus obtained helps employers analyze (1) the efficacy of their diversity recruiting efforts and (2) hiring rates of persons with disabilities. This week, the Agency unveiled a modified format for that invitation. OFCCP hopes the revised form will increase the response rate for applicants and employees, who are often reluctant to disclose disabilities.
Continue Reading OFCCP Updates Disability Self-ID Form

Today the EEOC published a Notice in the Federal Register, announcing a delay in its collection of EEO-1 Component 1 data — until March of 2021 — due to the coronavirus pandemic.  (FR Doc. 2020-09876).  Component 1 data is what most employers associate with the EEO-1 Report: employment data summarized by job category, race/ethnicity, and gender.  There will now be no EEO-1 Reports submitted in 2020. 
Continue Reading EEOC Postpones EEO-1 Reports to 2021

We previously posted on the unfortunate ruling in March 2019, when a Federal Court reinstituted the “Component 2” wage reporting in the annual EEO-1 Report.  The highly controversial requirement – that employers annually report, to the government, W-2 earnings and hours worked for all employees – had been proposed in 2016, but stayed by the Office of Management and Budget (OMB) in 2017.
Continue Reading Help Desk Opens for EEO-1 Pay Data, as September 30th Looms Near

The OFCCP vowed things would change after President Trump’s election.  It is making good on that promise.  The Agency issued three new Directives in the last two weeks, following four others earlier this year.  The good news for contractors is that the OFCCP’s actions are almost all pro-business, aimed at making the Agency more transparent, objective, and efficient.
Continue Reading The OFCCP’s Been Busy — 9 New Directives This Year, Largely Pro-Business