DE Compliance News

OFCCP Week In Review: May 28, 2024

Colorado Enacted Nation’s First Ever (Nightmare) Law Addressing “Algorithmic Discrimination” in “High-Risk” AI Systems
Coalition of Business Groups Sued to Stop OSHA’s Union-Friendly “Walkaround” Rule
Texas Attorney General Filed Suit Challenging EEOC’s Harassment Guidance
DE Talk | Resiliency & Determination: The Military Spouse Employee Makeup
U.S. Justice Department & OFCCP Jointly Announced Separate Settlements with a Tech Company to Address “Whites Only” Job Posting
President Biden Renominated NLRB Chair McFerran & Nominated Ditelberg for Vacant Republican NLRB Slot
NY Attorney General Announced Coalition of 23 (Blue) State AGs Filed Amicus Brief Opposing 17 (Red) State AGs’ Challenge to EEOC’s PWFA Rule
FAR Council Seeks to Require Federal Contractors to Report First-Tier Subcontractor Information, Including Potentially Executive Compensation Data
In Brief
New Publications
Looking Ahead: Upcoming Date Reminders

Coalition of 18 Republican States’ Attorney Generals Filed Suit to Challenge EEOC’s Harassment Guidance
Bill to Amend How Illinois Biometric Information Privacy Act Damages Accrue Headed to Governor Pritzker’s Desk
Budget Battles Update: Setting Aside Previous Side Deals, House Republicans Proposed Fiscal Year 2025 Budget Cuts
In Brief
New Publications
Looking Ahead: Upcoming Date Reminders

Contractors Have Second Opportunity to Comment on OFCCP’s Supply & Service Contractor Portal Information Collection
In Brief
New Publications
Looking Ahead: Upcoming Date Reminders

U.S. EEOC Released Finalized Controversial Update to its Workplace Harassment Guidance
New OFCCP AI Guidance Misstates Adverse Impact Law Portending Much Coming Friction with Federal Contractors
U.S. Census Bureau Announced a Second Comment Opportunity Regarding Test Questions on Sexual Orientation & Gender Identity for ACS
Tenth Circuit Upheld President Biden’s $15 Minimum Wage for Seasonal Recreation Services & Equipment Rental Federal Contractors
OFCCP Acting Director Hodge Discussed Youth Apprenticeship Programs in US DOL Blog
DE Talk Live | DE&I: Progress Amidst Opposition within Corporate, Political, & Social Spheres
OSHA Expects to Publish Proposed Rule on National Heat Illness Standard “Later This Year,” Acting Secretary Su Testified Before House EW Committee
JOLTS Report – Job Openings Decreased by 325k in March, Rate Decreased to 5.1%
GAO Found OMB/DOL Did Not Have to Send Memo on Labor Advisors to Congress Before It Could Take Effect
U.S. Economy Added 175k Jobs in February, Unemployment Rate Held Steady at 3.9%
In Brief
Looking Ahead: Upcoming Date Reminders

Lantz, Gill, & Krefft Illustrated How Accessibility & Belonging Are Vital to DEI Practices
Let Me Tell You a Secret: Employer Legal Obligations Related to Disclosing Employee Pay Data
Robinson & Huth Explored How SMBs Can Use AI Hiring Tech in Inclusive Ways
Making Your Disposition Codes a “Big Easy” Your Practical Guide to Implementation
DEAMcon24 Ended with Gratitude for the Audience, Presenters, Underwriters, and DE Marketing Team

In Party-Line Vote, Federal Trade Commission Majority Approved Final Rule Preventing Most Worker Noncompete Agreements
US DOL ODEP/EARN Announced Guidance on Workplace Disability Disclosures
Measure to Compel ByteDance to Sell TikTok Included in Supplemental Appropriations Law
OFCCP Added 16 FY 2024 Mega Construction Projects to Its Potential Audit Lists
US DOL WHD Officially Published Its Overtime Final Rule
In Brief
Looking Ahead: Upcoming Date Reminders

Day Two of DEAMcon24 Began with a Nod to How a Diverse Workforce Shaped WWII & Led to Current Federal Requirements
“It Takes a Village” – Strategies to Effectively Leverage Internal & External Resources to Bring your DEIB Program to Life
Bogged Down in the Bayou: Don’t Get Buried by the 10 Biggest AAP & Discrimination Law Problems
Recruit Rooster Showcased “Striking the Right Chord in Recruitment”
Abt Associates Discussed its Journey to Achieve a Successful Professional Services Internship Program
Petersen Provided Insights on Creating a Socially Just Recruitment Strategy
Unlocking the Power of Apprenticeships & HBCUs to Build a Diverse Talent Pipeline
Practical Considerations of Artificial Intelligence: What No One Tells You
A Recruiter’s Role in Compliance: Validating Job Requirements & Impacts on Hiring Processes
Partners in Talent Acquisition: WorkSource Business Services & Statewide Support
Bev Harp Explained the Neurobiology of Autism and Provided Many Practical Tips to Recruit and Interview Autistic Applicants for Employment
Panel Discussion: Steering the NLx
Long’s Keynote: Connecting the Workplace & Life Through FUN

Federal Trade Commission Poised to Issue Final Rule to Prevent Most Worker Non-Compete Agreements
Title VII Prohibits Discriminatory Job Transfers Even Without Significant Harm, U.S. Supreme Court Unanimously Ruled
Acting Labor Secretary Su’s Testimony Before House Subcommittee on USDOL FY 2025 Budget Largely Uneventful
US EEOC Officially Published Controversial Final Regulations to Implement the Pregnant Workers Fairness Act
In Brief
Looking Ahead: Upcoming Date Reminders

DEAMcon24 Attendees Welcomed to the Big Easy for Three Days of Practical Insights, Networking & Merriment
Member Spotlight: Aligning Compliance and Recruitment Efforts
Ellis & Lewis Discussed Continuing the Focus on Diversity, Equity, Inclusion & Belonging While Facing Setbacks
French Shared How Recruit Rooster’s Talent Attract App Helps Employers Navigate Veteran Recruitment & Retention
Fox and Chambers Discussed OFCCP in Transition & What It Means for Federal Contractors
Lewis & O’Hara-Harvey Explored the Equity Essentials
Cappfinity Outlined Adoption and Conversion to a Skills-Based Employee Hiring and Development System
Campbell Discussed Going Beyond Race & Gender to Create a More Equitable, Inclusive Culture
The Walsh Group Explained the Nuts and Bolts of Starting a Veterans ERG Leveraged by DE’s Partner Relationship Tool
Full Circle Compliance: Using DE Partnerships to Supercharge Recruitment & DEI Efforts
Generational Expert Gwoke’s Keynote Focused on Recruiting & Retaining Millennial Employees

EEOC Seeks to Jump into Job Seeker’s AI Bias Lawsuit: New Technology Scares It
Congressional Resolution to Nullify NLRB’s Joint Employer Final Rule Headed for Certain Presidential Veto
U.S. Supreme Court Unanimously Ruled Transportation Workers Not Required to Arbitrate Wage Claims Regardless of Industry
EEOC Announced Finalized Regulations to Implement Pregnant Workers Fairness Act
In Brief
New Publications
Looking Ahead: Upcoming Date Reminders