Kalpana Kotagal Archives • DirectEmployers Association

OFCCP Week In Review: August 14, 2023

U.S. EEOC Announced Proposed Regulations to Implement PWFA
Federal Judge Ordered Southwest Airlines Attorneys to Attend “Religious Liberty Training”
USDOL Announced Controversial Final Rule Updating Davis-Bacon Act Rules Increasing Prevailing Wages on Public Construction Projects
EEOC Settled Its First Lawsuit Alleging AI Hiring Discrimination
In Brief
Looking Ahead: Upcoming Date Reminders

The Harvard and UNC Case Decisions Are Coming: What Corporations, Colleges and Universities, and Federal Contractors Need to Know
OMB Approved Changes to OFCCP Complaint Procedures to Take Effect in November
DE Talk Podcast Focused on Moving Off the DEIB “Treadmill” & Onto Progressive Change
President Biden Nominated Burrows for 3rd U.S. EEOC Commissioner Term
In Brief
Looking Ahead: Upcoming Date Reminders

Senate HELP Committee Advanced Nominations for Kotagal as EEOC Commissioner & Looman as WHD Head
OFCCP Leadership Shake-Up: Director Yang and Her Deputy Have Left OFCCP. No Successor Director Yet In Sight
U.S. National Institute of Standards and Technology Launched Its Artificial Intelligence Resource Center
VEVRAA Hiring Benchmark Dropped Slightly to 5.4%
USCIS Updated Policy Guidance on Self-Selecting a Gender Marker on Benefits Forms & Documents
OFCCP Held Uneventful Webinar Briefing on Religious Exemption Rule Rescission
In Brief
Looking Ahead: Upcoming Date Reminders

OFCCP Published Proposed Changes to Disability Self-Identification Form to Update Preferred Language for Specific Disabilities
U.S. House Passed Bi-Partisan Speak Out Act Clearing the Way to President’s Desk for Anticipated Signature
U.S. EEOC Formally Published Its Draft FY 2022-2026 Strategic Plan for Public Comment
U.S. Senate Committee Advanced Nomination of Richard Revesz to Head OMB’s Office of Information and Regulatory Affairs
Three Things That Will Happen to OFCCP and Other Federal Labor Agencies Once Republicans Take Control of the U.S. House of Representatives January 3, 2023
NLRB Chair & GC Sent Letter to Legislators on “Budget Crisis”
U.S. EEOC Commissioner Janet Dhillon Resigned, Noted Her Accomplishments as Chair
OFCCP Proposed Numerous Changes to Its Supply & Service Contractor ICRs, Including City-wide Audits and Promises to Jawbone Contractors to Use of Its Portal to Submit Scheduling Letter & Itemized Listing Responses
Looking Ahead: Upcoming Date Reminders

Carnegie-Mellon Researchers Published Report on Statistical Uncertainty in Census Bureau Data
Kotagal’s U.S. Senate Confirmation to EEOC In Trouble: Political Rugby Scrum in Progress
Everything Old is New Again: NLRB Proposes Familiar-Looking Rule to Determine Joint Employer Status
GAO Reported That the Office of the National Cyber Director’s Strategic Plan Is “Well Underway”
In Brief
Looking Ahead: Upcoming Date Reminders

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