Agency Enforcement

Memo
23-221
Thursday, November 16, 2023

MEMBER FEEDBACK REQUESTED. Effective November 1, 2023, OFCCP has revised its discrimination complaint filing process to include a new Pre-Complaint Inquiry Form designed to assist the agency in weeding out non-meritorious allegations and evaluate whe


Memo
23-212
Wednesday, November 1, 2023

Sometime within the near future OFCCP is expected to roll out a major proposal to “modernize” its AAP regulations. Our recent conference delved into what CWC members can expect, and offered guidance on how to prepare.


Memo
23-192
Monday, October 2, 2023

Our latest roundup of financial settlements of enforcement actions posted by OFCCP includes 12 new conciliation agreements that have been agreed to since our last update in January.


Memo
23-180
Tuesday, September 12, 2023

MEMBER FEEDBACK REQUESTED. Following OFCCP’s recent adoption of a burdensome new Scheduling Letter and Itemized Listing, the agency has now put some 1,000 federal contractor establishments on notice to get ready for a compliance audit.


Memo
23-171
Wednesday, August 30, 2023

As we anticipated, opponents of affirmative action are following up their successful Supreme Court challenge of the admissions policies of Harvard and UNC by beginning to sue private sector entities, alleging unlawful race-based discriminatory employ


Memo
23-151
Tuesday, August 1, 2023

MEMBER FEEDBACK REQUESTED. CWC’s new Talking Points guide on the Supreme Court’s landmark college admissions ruling is designed to assist you in educating internal stakeholders on what the Court said (and didn’t say), and what the ruling may mean for


Memo
23-142
Tuesday, July 18, 2023

Seizing upon the Supreme Court’s recent ruling barring the consideration of race in college admissions, the Republican Attorneys General of 13 states have signed a letter sent to Fortune 100 companies putting them on notice that their DEI practices a


Memo
23-135
Monday, July 10, 2023

Sign Up for Virtual Member Roundtable on July 12. The Supreme Court’s recently issued landmark ruling rejecting the use of race in the admissions policies of Harvard and the University of North Carolina has potential implications for corporate CD&I p


Memo
23-134
Thursday, July 6, 2023

Beginning in November, OFCCP has received clearance to start using a new “pre-complaint inquiry” form to improve the efficiency of its discrimination complaint process.


Memo
23-118
Wednesday, June 14, 2023

OFCCP has issued a notice reminding covered federal contractors that they must certify compliance with AAP requirements via the agency’s online AAP-VI portal no later than June 29, 2023.


Memo
23-119
Wednesday, June 14, 2023

OFCCP has published a new Corporate Scheduling Announcement List giving advance notice to some 250 construction industry contractor establishments that they have been targeted for an upcoming compliance audit.


Memo
23-105
Wednesday, May 24, 2023

CWC’s written comments to the Office of Management and Budget contend that burdensome changes that OFCCP is proposing to its compliance evaluation scheduling letter are neither warranted nor likely to increase agency efficiency.


Memo
23-092
Monday, May 8, 2023

CWC’s recent virtual roundtable on OFCCP’s 2023 AAP-VI certification requirements provided our members with an opportunity to discuss compliance strategies.


Memo
23-087
Monday, May 1, 2023

Our written comments to the White House Office of Management and Budget are in response to preliminary proposals for revising the government’s race/ethnicity data collection and reporting standards, and explain how those changes would impact complian


Memo
23-084
Wednesday, April 26, 2023

CWC has filed comments with the White House Office of Management and Budget urging that agency to mandate sensible changes to OFCCP’s overly prescriptive Form CC-305 before giving OFCCP clearance to continue using the form for another three years.


Memo
23-080
Thursday, April 20, 2023

MEMBER FEEDBACK REQUESTED. Despite constructive comments for improvement submitted by CWC, OFCCP is asking the White House Office of Management and Budget to approve a revised Scheduling Letter and Itemized Listing that would substantially increase t


Memo
23-075
Friday, April 14, 2023

Information posted thus far by OFCCP on the 2023 online “Affirmative Action Program Verification Interface” certification process suggests it will be similar to last year, although some important compliance-related questions still remain unresolved.


Memo
23-068
Monday, April 3, 2023

OFCCP has reset its annual national percentage of veterans in the civilian labor force, the benchmark used by most federal contractors for meeting protected veterans affirmative action requirements, at 5.4%, down from 5.5% in 2022.


Memo
23-067
Monday, April 3, 2023

Jenny Yang, who was appointed as OFCCP Director by President Biden on his first day in office, has assumed a position in the White House as Deputy Assistant to the President for Racial Justice and Equity. In a related development, long time career OF


Memo
23-066
Wednesday, March 29, 2023

MEMBER FEEDBACK REQUESTED. OFCCP is asking the White House Office of Management and Budget for approval to extend OFCCP’s Section 503 and Section 4212 recordkeeping requirements for another three years, with only minor changes to the prescriptive dis


Memo
23-065
Tuesday, March 28, 2023

Driven in large part by enactment of the major infrastructure bill enacted by Congress in 2021, OFCCP has relaunched its “Mega Construction Project Program” (MCPP), an agency initiative originally created in 1989 to promote diverse hiring and equal o


Memo
23-061
Wednesday, March 22, 2023

The Labor Department’s Office of Federal Contract Compliance Programs has announced that covered federal contractors will be able to begin certifying compliance via the agency’s AAP Verification Interface beginning on March 31, 2023. OFCCP has yet to


Memo
23-031
Wednesday, February 8, 2023

Our new guidance memo is in response to requests from our members asking how they can leverage their AAPs to enhance organizational objectives while ensuring ongoing compliance.


Memo
23-024
Tuesday, January 31, 2023

Our comments to OFCCP in response to the agency’s announced intent to revise its compliance evaluation “Scheduling Letter” question whether a projected 35% increase in the burden imposed on federal contractors will make the audit process more “effici


Memo
23-019
Wednesday, January 25, 2023

CWC has filed written comments with OFCCP asking the agency to relax its rigid requirement that federal contractors must use the agency’s prescribed disability self-ID Form CC-305 despite ample evidence that the form is not effective in encouraging i


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