OFCCP Week In Review: August 23, 2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they discuss:

• EEOC/OFCCP Hosted Town Hall On Outreach Strategies
• Comment on EEOC Reentry Plan
• NLRB Added New Features to Its Website
• EEO-1 Survey Deadline Extended
• USDOL Announced $90M In Grants To Support Reemployment Services For Workers Displaced By The Pandemic
• NLRB To “Aggressively Seek” Injunctions to Stop Alleged Unfair Labor Practices
• Upcoming Event: EEOC Commissioner Sonderling To Address Implications of Artificial Intelligence

Monday, August 16, 2021: EEOC/OFCCP Hosted Town Hall On Outreach Strategies

The Equal Employment Opportunity Commission (EEOC) joined the Office of Federal Contract Compliance Programs (OFCCP) in a virtual Town Hall meeting. The event, which had more than 600 registrants, was advertised as a discussion on “Using Outreach to Connect with Inclusive Organizations to Proactively Expand Recruitment for Your Workforce.”

The event agenda (PowerPoint) included:

• OFCCP’s Mission
• Committing to Racial Equity
• Committing to LGQBT+ Equity
• Directive 2014-02 Gender Identity & Sex Discrimination
• Sexual Orientation and Gender Identity Complaints
• Open Discussion on Proactive Recruitment
• Potential Recruitment Resources

Takeaways

Melissa Speer, the Regional Director for the Southwest & Rocky Mountain Region (SWARM) out of Dallas, spoke on behalf of the OFCCP. She spotlighted the availability of the Department of Labor’s online Employment Laws Assistance for Workers and Small Businesses “eLaws Advisors” support tool.

In addition, the Agency provided attendees with a summary of information titled, “Creating an Inclusive Workforce for LGQBT+.”

Tuesday, August 17, 2021: Comment on EEOC Reentry Plan

As previously reported, the EEOC is looking for feedback on its re-opening plan. The Agency held a virtual meeting asking the following questions of the participants:

• how people generally interact with EEOC staff (in person, online, videoconference, telephone, etc.);
• how the Agency’s increased telework may have impacted those contacts;
• which Agency interactions were enhanced by the use of online/virtual formats;
• whether any particular Agency interactions should be conducted in person;
• whether specific communities or demographic groups lack online access or face particular challenges to interacting with the EEOC online; and
• whether there are any relative advantages/disadvantages to having more smaller EEOC offices across the country vs. fewer larger offices with more centralized services.

If you missed the opportunity to participate or would like to provide feedback, you can submit your thoughts, opinions, and suggestions to agencyreentry@eeoc.gov.

Tuesday, August 17, 2021: NLRB Added New Features to Its Website

The National Labor Relations Board (NLRB) announced several new features on its website to make tracking cases more manageable and accessible to the public.

New Features

• Individuals can now “follow” cases to receive an email with updates in the case docket. However, to do so, users must create a gov account. This is a secure service the public must use to sign in to participating government agencies.
• Documents released under the Freedom of Information Act (FOIA) are now listed under the “FOIA Records” header on the case page.

Individuals can now subscribe to news releases from each Regional office.

Thursday, August 19, 2021: EEO-1 Survey Deadline Extended

The Equal Employment Opportunity Commission (EEOC) announced that,

“Recognizing the continuing impact of the pandemic on business operations, the deadline to submit and certify 2019 and 2020 EEO-1 Component 1 Reports HAS BEEN CHANGED. The new filing deadline is NOW Monday, October 25, 2021.”

Take note, the website indicates:

“Please note that this new deadline is the FINAL DEADLINE and all eligible filers MUST submit data by this date. No additional changes to the filing deadline will be made.”

For full details, visit the online portal.

Practice Tip: Do not wait to the last moment. Start early. There are widespread reports of initial difficulties uploading files to the EEO-1 filing portal. We are getting reports that the EEOC vendor the Commission has hired to manage the EE0-1 upload portal is very helpful, but you may have to make a few runs at getting your reports successfully on file.

Thursday, August 19, 2021: USDOL Announced $90M In Grants To Support Reemployment Services For Workers Displaced By The Pandemic

The U.S. Department of Labor (USDOL) announced the availability of $90 million (more than double the initial $43 million) in funding grants to provide reemployment opportunities for displaced workers, historically marginalized communities or groups, and those unemployed for an extended period or who have exhausted unemployment insurance or other pandemic unemployment insurance programs.

“By doubling down on these critical investments, the Department of Labor reinforces its commitment to invest in strategies to help American workers get the services and training they need to secure quality jobs as our economy recovers,” said Acting Assistant Secretary of Labor for Employment and Training Suzi LeVine. “These grants focus on local innovation and put resources in our communities to ensure the workers most impacted by the pandemic get reemployment support to ensure an equitable recovery.”

The USDOL’s Employment and Training Administration administers the Comprehensive and Accessible Reemployment funding through the Equitable Employment Recovery National Dislocated Worker Grants announced in June.

Those seeking CAREER National Dislocated Worker Grants may apply through August 31, 2021. Applicants may choose one of two types of required grant activities:

• They deliver comprehensive workforce services, including career, training, and supportive services to help participants gain employment.
• They purchase, build, or expand virtual technology platforms, software systems or services for job search, career guidance, training or other allowable activities.

Supported by the Workforce Innovation and Opportunity Act, National Dislocated Worker Grants offer resources that provide flexibility to states and communities in response to and recovery from events that cause widespread unemployment.

Thursday, August 19, 2021: NLRB To “Aggressively Seek” Injunctions to Stop Alleged Unfair Labor Practices

In a memo to all Regional Directors, Officers-in-Charge, and Resident Officers, the National Labor Relations Board’s (NLRB) newly (and controversial) appointed General Counsel, Jennifer Abruzzo, stated,

“I believe that Section 10(j) injunctions are one of the most important tools available to effectively enforce the Act [National Labor Relations Act]. Effective enforcement requires that we timely protect employees’ Section 7 right to exercise their free choice regarding engaging in union and protected concerted activities, including organizing and collective bargaining. Section 10(j) provides the tool to ensure that employees’ rights will be adequately protected from remedial failure due to the passage of time. During my tenure as General Counsel, I intend to aggressively seek Section 10(j) relief where necessary to preserve the status quo and the efficacy of final Board orders.”

The Board announced the release of the 2-page memo (and the memo itself) via a press release. Section 10 of the Act (Prevention of Unfair Labor Practices), Section (j) (injunctions), authorizes the NLRB to seek temporary injunctions against employers and unions in federal district courts to stop alleged unfair labor practices while the case is being litigated before administrative law judges and the Board.

The memo breaks down the “extremely positive results” of the most recent Section 10(j) initiatives.

In The Know

To initiate an injunctive action in federal District Court to obtain interim injunctive relief, the Regional Director must first identify the need and get the ball rolling by submitting a request to the Injunction Litigation Branch (ILB) within the NLRB. The ILB then makes its recommendation to the NLRB General Counsel, who ultimately must seek Board authorization if she approves of the injunction. Once the Board has authorized the injunctive request to be filed with the federal court, Regions then file the appropriate motion with the appropriate federal District Court, absent settlement of the underlying dispute.

There are 15 categories of labor disputes in which Section 10(j) injunctions may be appropriate.

Upcoming Event: EEOC Commissioner Sonderling To Address Implications of Artificial Intelligence

If you attended the NILG annual conference or caught our daily recap, you know that EEOC Commissioner Keith Sonderling is passionate about using Artificial Intelligence in the workforce, with appropriate caution. As such, the Agency announced an upcoming webinar on “The EEO Implications of Using Artificial Intelligence and Machine Learning in Employment Decisions.”

Event Details

• Thursday, September 1, 2021
• 12:30 PM EST
• Featured speakers include EEOC Commissioner Keith Sonderling and Founder and CEO of AI Truth, Cortnie Abercrombie

Register online

Note: The webinar will not be recorded, nor will any materials be provided following the event.

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.