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

Federal contractors have been closely following leadership changes at the OFCCP.   Most notably, President Trump appointed Ondray T. Harris as OFCCP Director, and Craig Leen as Senior Advisor to the OFCCP.   Both men have backgrounds in management-side private law practice.  This has contractors hopeful they may bring fresh eyes and a more pragmatic approach to the OFCCP.   
Continue Reading A New Era At The OFCCP

Equal pay issues continue to be a focus for new state legislation and of the private plaintiff’s bar. Partner Emily Burkhardt Vicente and Counsel Christy Kiely discuss how employers can best position themselves to defend against claims of compensation discrimination.
Continue Reading Labor & Employment Quick Takes: What Companies Need to Know about a Pay Equity Analysis