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OFCCP Week In Review: June 13, 2022

DirectEmployers Welcomes Cynthia L. Hackerott to the Week In Review Reporting Team
SCOTUS Limits Federal Preemption Otherwise Requiring Arbitration Of Airport Ramp Workers Claims
President Biden Nominated Karla Gilbride to Be the Next EEOC General Counsel
U.S. Senate Blocks Biden Nominee To Lead EBSA; But She is Likely To Nonetheless Get Confirmed Following An Upcoming “Déjà Vu Procedural Motion
ODEP “Disability and The Digital Divide” Report: Significant Access Gap to Computers/Internet Hurts Employment
Home Depot Employee’s Display of Black Lives Matter/BLM on Work Apron Was Not a Protected Activity; Employer’s Enforcement of Dress Code Did Not Violate NLRB, ALJ Concludes

Survey Says…Participants Prefer Online Mediation For EEOC Charge Resolution
EARN Released Short Video To Assist Employers in Mental Health Awareness
Federal Court Finds Georgia County Employee Medical Insurance Program Violated Title VII On Its Face By Denying A Transgender Female Employee “Sex Change” Surgery Coverage
NLRB Revised Electronic Notice Posting Requirement
May’s Employment Situation Relatively Status Quo from April

Unanimous Appellate Court Struck Down ALJ Decision Finding Baltimore Enterprise Rent-a-Car Guilty of Unlawful Race Discrimination: Judge Did Not Understand Title VII Law
The Crossroads of Mental Health Illness and the FMLA
E-Verify Clarified Process Terms
EEOC Commissioner Nominee Failed to Secure U.S. Senate Confirmation: Political Drama About To Unfold
GAO Made Seven Lackluster Recommendations to OFCCP to “Improve Oversight of Veterans’ Federal Contractor Employment”
Overtime Listening Session For West Coast Employers
E-Verify Improves Process Forms
Comment Now on Functional Affirmative Action Program Processes

Court Holds California State Law Requiring Female Representation on Boards of Publicly Held Companies Unconstitutional
New Feature in OFCCP Contractor Portal Allows for Bulk Processing of AAP Establishments
EEOC to Host LGBTQ+ Advocacy Webinar in the Post-Bostock World
Veterans Employment, Training, and Employer Outreach Committee to Host Public Meeting
EEOC Listened to a Powerful Panel to Aid in Ending Harassment in the Construction Industry
National Labor Exchange Breaks Record with Four Million Job Listings Now Available on a Daily Basis!
Fifth Circuit Case Decision Struck Down the U.S. Securities and Exchange Commission’s Entire Administrative Law Judicial System
OFCCP Changes Up Its Audit Selection Methodology: OFCCP Plunged Deeper into New Era of “Drive-Thru Audits”

New Resources on Workplace Protections for Nursing Mothers
Shifting from the Great Resignation to the Great Retention
Take Note of Interim Acceptable Employment Authorization for I-9 Form
EEOC to Hold Hearing on Race, Sex, and National Origin Discrimination In Construction
Federal Agencies to Host Question & Answer Session
USDOL to Host a Virtual Event – Building Mental Health-Friendly Workplaces
EEOC and DOJ Release Guidance on The Use of Artificial Intelligence in Hiring To Help Prevent Disability Discrimination
Comment Now on Davis-Bacon and Related Acts Information Collection

NLRB Standardizes Education for Immigrants of Their Rights Under the National Labor Relations Act
Mental Health Awareness Month – What Can You Do?
Free Two-Day Virtual Forum On Construction and Government Contracting
Department of Homeland Security Extends Expiration of Employment Authorization Documents
EEOC to Discuss Discrimination and Harassment in Construction – Open to Public Viewing
EEOC and USDOL To Host Webinar Series on Advancing “Workplace Equity”
GAO Offered Service Contract Act Enforcement Insights When It Reported Progress to The U.S. Senate Budget Committee, But Also The Need For Further Improvement As To Five Recommendations GAO Made In 2020
The Great Resignation Moved into an Even Higher Gear as Short-Term and Long-Term Unemployment Both Continued Essentially Unchanged For April 2022, But More Workers Lost Touch

I-9 Form Flexibility Extended, Again…This Time to October 31, 2022
Advisory Committee on Apprenticeship to Hold Public Meeting
NLRB Taps into the Federal Mediation and Conciliation Service for Good Faith Bargaining Assistance
New Federal Contractor Audit List Coming in May (This Month!)
Mind The Gap: Are Your Recruiters Prepared?
The Fifth Circuit Court of Appeals Held that the NLRB General Counsel Job is a Species of Political Appointments Subject to the Advice and Consent of the Senate Which Does Not Guarantee the Appointee’s Term in Office
Job Accommodation Network Shifting Communication Strategy to Meet Employer Needs
Deadline Looming For EEO-1 Survey – Then Its Failure To File Phase

This Week’s Vaccination Injunction Puzzle at a Glance
EEOC and OFCCP to Host Second HIRE Initiative Roundtable
Director Yang Told the DirectEmployers Annual Meeting Audience That Subgroup Goals & Non-Binary Gender Reporting Are On OFCCP’s Agenda
EEOC Commissioner Sonderling Told DirectEmployers Annual Meeting Attendees The EEO-1 Component 2 Survey Will Soon Return

This Week’s Vaccination Injunction Puzzle at a Glance
The Iowa Supreme Court Gives A Male Transgender Employee The Win On The Restroom Dispute and On Gender Reassignment Surgery
The DUNS Number is Out – Federal Contractors Must Secure a New “Unique Entity Identifier”
EEOC To Shift to Democrat Majority in July
DOJ Provided Opioid-Specific ADA Guidance
Update Your Affirmative Action Programs – the VEVRAA Hiring Benchmark Dropped to 5.5%
NLRB Reported 57% Increase in Union Representation Petitions Since October 2021
NLRB Counsel Announced Intent to Urge the Board That “Captive-Audience” Anti-Union Meetings for Employees Are Unlawful
Fifth Circuit Court of Appeals Reinstated Biden Administration Vaccine Mandate for Federal Civilian Employees: Federal Courts Lacked Jurisdiction
New Interpretation Confirms That WIOA’s Discrimination Prohibition “Based On Sex” Includes Sexual Orientation And Gender Identity