The “OFCCP Week in Review” is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment published every Friday. Here are this week’s developments:
March 24, 2015: This was the day one year from March 24, 2014 when OFCCP‘s new Section 503 and 4212 Rules became “legally effective”. After March 24, 2015 (this week), ALL federal contractors covered by the new Rules must now comply in all respects with OFCCP’s March 24, 2014 new Rules. The “phasing in” period OFCCP permitted in the March 24, 2014 Rules is now ended for all contractors. And, for those of you with AAPs for IWDs and/or Protected Veterans, your first AAP(s) under the new Section 503 and/or 4212 Rules are “transitional AAPs” (OFCCP terminology). That means OFCCP will not hold you accountable or cite you for violations of the new regulatory requirements so long as you can show you tried hard. So, your first AAP under the new 503/4212 Rules is what I call a “Mulligan”…a “do over” if it is not compliant. It’s like getting two chances to pass the driving test when you re applying for or renewing your driver’s license.
March 25, 2015: OFCCP conducted a 45 minute webinar discussing its new Final “Equal Opportunity” Rule (LGBT) amending OFCCP’s Rules to now also make adverse action based on “sexual orientation” and/or “gender identity” to now be a form of unlawful sex discrimination. Please see Candee Chambers’ succinct, but entirely complete, blog post cataloguing the critical points U.S. Department of Labor personnel discussed during the webinar: Executive Order 13672 blog
THIS COLUMN IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO OFCCP. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK ADVICE OF COUNSEL.
Reminder: If you have specific OFCCP compliance questions and/or concerns or wish to offer suggestions about future topics for the OFCCP Fox Report, please contact your membership representative at 866-268-6206 (for DE members), or send an email to Candee Chambers at candee@directemployers.org with your ideas.
