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OFCCP Week In Review: November 13, 2023

US DOL Honored 859 Civilian Employers with 2023 HIRE Vets Medallion Awards
White House OMB Announced Finalized Revisions to Two Key Guidance Documents Following April Executive Order on “Modernizing Regulatory Review”
In Brief
New Publications
Looking Ahead: Upcoming Date Reminders

President Biden’s Supersized Executive Order on AI Includes Directives for US DOL & Many Other Agencies
DE Talk Podcast Explored Ways to Handle Workplace Drama
NLRB & US DOL’s OSHA Signed Agreement to Enhance Information Sharing, Coordinated Investigations, Referrals, Training & Outreach
Justice Department Issued New Guidance Providing Insights on Evolving Efforts to Accelerate ADA’s “Integration Mandate”
OFCCP Announced New, Two-Step Complaint Process
JOLTS Report – Job Openings Increased by only 56k in September, Rate Held Steady at 5.7%
Economy Added only 150k Jobs in October, Unemployment Rate Rose Slightly to 3.9%
In Brief
New Publications
Looking Ahead: Upcoming Date Reminders

Senate Confirmed Nomination of Jessica Looman to Head US DOL’s Wage and Hour Division
US NLRB Unveiled Final, Union-Friendly Joint Employer Rule
US DOL Inspector General’s Office Plans to Review Effectiveness of OFCCP Compliance Evaluations, FY 2024 Audit Workplan Revealed
In Brief
Looking Ahead: Upcoming Date Reminders

OFCCP Discrimination Enforcement Statistics Hit New Lows
Unfair Labor Practices Charges, Union Petitions Rose in FY 2023, U.S. NLRB Reported
In Brief
New Publications
Looking Ahead: Upcoming Date Reminders

White House OMB Sent Agencies New Policy Guidance on “Delivering a Digital-First Public Experience”
DE Talk Podcast Discussed Helping Individuals Who Are Blind Find Their Spot in the Workplace
Amid Ongoing Court Challenges, US DOL Published 2024 Minimum Wages for Federal Contractors
U.S. EEOC Tries Again with Proposal to Update Workplace Harassment Guidance
U.S. EEOC Announced Year-End Litigation Round-Up for Fiscal Year 2023
In Brief
New Publications
Looking Ahead: Upcoming Date Reminders

Remote Work Not Required to Accommodate Hospital Worker’s Disability Claims Because Physical Presence was Essential Job Function
U.S. EEOC Settled with Tutoring Company that had Alleged Intentionally Programmed its ATS to Reject Older Applicants
2022 EEO-1 Component 1 Data File Upload Specifications Posted
DE Webinar Questions & Answers: What Federal Contractors Need to Know About the OFCCP’s New Audit Scheduling Letter
In Brief
Looking Ahead: Upcoming Date Reminders

2022 EEO-1 Component 1 Instruction Booklet Posted
U.S. Senate Narrowly Confirmed Wilcox for Second NLRB Term
1,000 Compliance Evaluations Slated in Second FY 2023 Corporate Scheduling Announcement List
In Brief
Looking Ahead: Upcoming Date Reminders

U.S. NLRB “Clarified” 2019 Decision on Wright Line Evidentiary Burden in Dual Motives Causation Cases
JOLTS Report – Job Openings Decreased by 338k in July, Rate Went Down to 5.3%
New DE Talk Podcast Discussed Recruiting & Retaining Talent in Addiction Recovery
U.S. DOL’s WHD Revealed Overtime Rule Proposal
OSHA Proposed Radical Union-Friendly Revisions to Rule Regarding Employee Representatives for Safety Inspections
U.S. NLRB Announced Revised Stricter Standard on an Employer’s Duty to Bargain Before Changing Its Terms and Conditions of Work
October 31st Set as Opening Date for Revised EEO-1 Survey Component 1 Data Collection
Economy Added Only 187k Jobs in August, Unemployment Rate Rose to 3.8%
In Brief
Looking Ahead: Upcoming Date Reminders

Seventh Circuit: ADA Requires Employers To Consider Accommodating Employee Commutes To Work
Third-Party Businesses Now Liable for Discrimination Undertaken on Behalf of an Employer Under California’s Anti-Discrimination Law
House Bill Would Mandate Federal Contractors Adopt Cyber Vulnerability Disclosure Policy
Major Law Firms & Prominent Employers Targeted in Flood of Anti-DEI Lawsuits/EEOC Charges Energized by SCOTUS’ University Admissions Decision
EEOC’s FY 2022-2026 Strategic Plan Blurs The Lines Between It and The OFCCP As The EEOC Now Focuses On Systemic Discrimination
On Schedule, NLRB Announced Direct Final Rule on Quickie Election Procedures
New U.S. NLRB Framework for Union Representation Proceedings Goes Beyond Already Union-Friendly Joy Silk Doctrine
Here is What is New in OFCCP’s Latest Audit Scheduling Letter for Supply & Service Contractors
OFCCP Published Its Expected Controversial Changes to its Greatly Expanded Supply and Service Scheduling Letter and Itemized Listing
In Brief
Looking Ahead: Upcoming Date Reminders

U.S. Justice & Education Departments Issued Joint Resources on Lawfully Advancing DEI Following Supreme Court’s University Admissions Decision
Federal Judge Paused Implementation of Order Requiring Southwest Airlines Attorneys to Attend “Religious Liberty Training”
U.S. Fifth Circuit Court of Appeals Ruled That Title VII Actionable Adverse Employment Actions Not Limited to Only “Ultimate” Employment Decisions
In Brief
Looking Ahead: Upcoming Date Reminders