OFCCP Compliance Checklist to be Audit-Ready
LATEST ON AFFIRMATIVE ACTION NEWS
February 8, 2024
California Pay Data Portal is Open
The California Pay Data Reporting portal is now open for 2023 data reporting. As a California employer, you must file annually if you have 100 or more employees with at least one employee in California.
Among several new requirements, updated regulations say that filers cannot use templates from previous years as the system will reject this format. Failing to file satisfactorily can result in fines and suspension of contracts.
December 5, 2023
EEO-1 Filing Deadline Extended to January 9, 2023
All employers who have not submitted and certified their mandatory 2022 EEO-1 Component 1 report(s) by the Tuesday, December 5, 2023 “Published Due Date” deadline will receive a “Notice of Failure to File” from the EEOC instructing them to submit and certify their data as soon as possible, and no later than Tuesday, January 9, 2024 (i.e., “Failure to File” deadline).
After the Tuesday, January 9, 2024 “Failure to File” deadline passes, no additional 2022 EEO-1 Component 1 report(s) will be accepted, and eligible employers will be out of compliance with their mandatory 2022 EEO-1 Component 1 filing obligations. Pursuant to EEOC regulation 29 CFR 1602.9, any employer “failing or refusing” to file when required to do so, may be compelled to file by order of a U.S. District Court, upon application by the Commission.
November 10, 2023
OFCCP Provides VEVRAA Resources to Honor Veterans Day
As we approach Veterans Day, our team would like to express our gratitude to generations of veterans who have made a commitment to protecting our nation and its freedom. During this time, OFCCP reminds us about their continuous efforts on ensuring equal employment opportunities for protected veterans and their spouses through their VEVRAA program. In honor of Veterans Day, OFCCP has provided us with valuable resources for federal contractors to protect veterans from workplace discrimination and to ensure VEVRAA compliance.
November 1, 2023
EEO-1 Component 1 Data Collection is Now Open
The 2022 EEO-1 Component 1 data collection is now open and all filers are encouraged to begin the filing process as soon as possible to avoid any delays and to meet the deadline. Filers have until Tuesday, December 5, 2023, to file the report. The EEOC requires all filers to submit their data electronically in their portal, also known as the EEO-1 Component 1 Online Filing System (OFS), through either (1) manual data entry or (2) data file upload. For those with any questions regarding the 2022 collection, the EEOC also has an online Filer Support Message Center available to help you.
October 17, 2023
EEO-1 Component 1 Data File Upload Requirements and Specifications
The 2022 EEO-1 Component 1 data collection opening date is coming up in 2 weeks on Tuesday, October 31, 2023. The EEOC requires all filers to submit their data electronically in their portal, also known as the EEO-1 Component 1 Online Filing System (OFS), through either (1) manual data entry or (2) data file upload. Filers who choose the “data file upload” option are required to upload the data file following the 2022 EEO-1 Component 1 Data File Upload Specifications. They must also comply with the EEOC’s filing requirements detailed in the Instruction Booklet.
October 9, 2023
OFCCP Designates More Construction Megaprojects to Promote Equal Opportunity
The OFCCP recently announced it is expanding its Megaproject Program and designating 12 additional federally funded construction projects as Megaprojects. This program was launched in March 2023 to promote equal opportunity in the construction industry by providing contractors and subcontractors compliance assistance.
September 26, 2023
New Resource Guide on Rehabilitation Act Compliance
September 26, 2023, marks the 50th anniversary of the Rehabilitation Act of 1973 that protects Americans with disabilities in the workplace. To commemorate the anniversary, the OFCCP, EEOC, as well as the Office of Disability released a Commemorative Resource Guide on recruitment, hiring, and employment of individuals with disabilities. This guide provides insights into the key functions carried out by these agencies in upholding and promoting Rehabilitation Act compliance, as well as their roles in outreach and education. The guide also contains valuable details about the Rehabilitation Act tailored for both employees and employers, guidance on seeking assistance, examples of effective strategies, references to pertinent agency materials, and additional resources.
September 19, 2023
EEOC and U.S. Department of Labor Announces Partnership
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Wage and Hour Division (WHD) have recently joined forces in a partnership to strengthen and maximize the enforcement of federal laws and regulations.
Their Memorandum of Understanding (MOU) outlines the procedures both WHD and the EEOC will be following to address the need for information sharing, joint investigations, training, and outreach between WHD and the EEOC. EEOC Chair Charlotte A. Burrows said, “This collaboration will further effective outreach and enforcement with respect to the federal laws that advance equal employment opportunity and fair pay, including the recently enacted PUMP Act and Pregnant Workers Fairness Act.”
September 12, 2023
OFCCP Publishes New CSAL List of Federal Contractors
The OFCCP recently published a new Corporate Scheduling Announcement List (CSAL) that included 1000 federal contractors and subcontractors selected for a compliance evaluation. If a contractor is in violation of regulations and fails or refuses to come into compliance, the contractor may be subject to sanctions, including suspension or debarment of their Federal Government contracts.
Download your free OFCCP compliance checklist to be OFCCP audit ready. If you need further assistance, our team of OFCCP experts and former District Directors for the OFCCP can support you through the process and protect you from full audits and litigations in a way other vendors cannot. Our comprehensive support, unique OFCCP insider experience, and 100% AAP acceptance rate from the OFCCP will ensure that you meet OFCCP requirements and pass OFCCP audits.
September 8, 2023
EEO-1 Component 1 Data Collection Update
After a series of delays this year, the EEOC finally released their new opening date and deadline for EEO-1 reporting. The 2022 EEO-1 Component 1 data collection will open on Tuesday, October 31, 2023, and you will have until December 5, 2023 to file the report. The newly updated EEO-1 Component 1 instruction booklet is now available to provide additional information on reporting requirements.
September 1, 2023
OFCCP Updates Supply and Service Scheduling Letter
The OFCCP recently introduced revisions to the Supply and Service Scheduling Letter and Itemized Listing. The updated Scheduling Letter not only clarifies existing obligations but also requires federal contractors to submit additional information and supporting data during an audit to show OFCCP compliance. Some of the changes include requiring more detailed compensation information, documentation on how technology and AI are used in the selection process, and the submission of data collection reports for the last three years.
August 24, 2023
National Breastfeeding Month: Workers' Rights to Pump at Work
The PUMP Act that President Biden signed into law in December 29, 2023, expanded the right to pump breast milk at work as needed to millions of additional workers. In honor of National Breastfeeding Month, let’s spread the word about its benefits and requirements to employees and employers. We encourage employers to use U.S. Department of Labor’s free resources on nursing mothers’ rights to pump at work.
August 18, 2023
EEOC Adds More Information & Resources on Pregnant Workers Fairness Act
The EEOC has recently added more information and resources for employers on what you should know about the Pregnant Workers Fairness Act (PWFA). The PWFA is a new law that requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”
August 11, 2023
U.S. Department of Labor's Final Rule: Raising Wage Standards for Construction Workers
The federal government is making unprecedented financial commitments towards infrastructure, signifying a significant investment in the construction workforce. The U.S. Department of Labor’s new final rule will update the Davis-Bacon and Related Acts, raising construction workers wage standards to reflect today’s labor market. The final rule will ensure fair compensation for construction workers engaged in federally funded projects.
August 7, 2023
OFCCP Announced Final Rule to Improve Compliance Evaluation Process
The Department of Labor’s OFCCP recently announced a final rule to improve the procedure for identifying and remedying employment discrimination. This new final rule, “Pre-enforcement Notice and Conciliation Procedures,” strengthens OFCCP’s enforcement by rescinding the evidentiary standards and definitions in an earlier rule that took effect in December 2020.
August 1, 2023
VETS-4212 Report: File Your 2023 Form Before the Deadline
It’s that time of year again to submit your VETS-4212 report. The VETS-4212 report should be filed if your business has a current federal government contract or subcontract worth $150,000 or more, regardless of the number of employees. All covered federal contractors and subcontractors must submit their VETS-4212 report between August 1 and September 30, 2023, either electronically or by U.S. mail (we recommend submitting your form electronically).
July 31, 2023
New Updated EEOC Resource on Visual Disabilities in the Workplace
In 2022, the U.S. Centers for Disease Control and Prevention (CDC), National Health Interview Survey, found that approximately 18.4% of all U.S. adults are blind or have “some” or “a lot” of difficulty seeing, even when wearing corrective lenses. EEOC’s new updated resource explains how the Americans with Disabilities Act (ADA) applies to job applicants and employees with visual disabilities, as well as their rights regarding accommodations and medical disclosures.
July 24, 2023
EEOC Updated Their Mandatory "Know Your Rights" Poster
The EEOC recently updated their “Know Your Rights: Workplace Discrimination is Illegal” poster to include The Pregnant Workers Fairness Act (PWFA) that came into effect June 27, 2023. These posters summarize the laws prohibiting job discrimination, and employers are required by law to post these posters in a conspicuous location in their workplace and/or digitally on their websites. Employers should ensure posted materials have the correct materials which are dated in the bottom right corner.
July 17, 2023
EEO-1 Reporting Portal: New Opening Date
The 2022 EEO-1 Component 1 Data Collection that was scheduled to open in mid-July has updated its tentative opening date to Fall of 2023. This allows you more time to prepare for the filing as the EEOC completes its mandatory, three-year renewal of the EEO-1 data collection by the Office of Management and Budget.
June 7, 2023
OFCCP Publishes New CSAL List for Construction Contractors
The OFCCP recently published a new Corporate Scheduling Announcement List (CSAL) for construction contractors that included 250 federal contractors and subcontractors selected for a compliance evaluation.
April 27, 2023
Update Voluntary Self-Identification of Disability Form by July 25, 2023
The Office of Federal Contract Compliance Programs has revised the Voluntary Self-Identification of Disability Form (CC-305) with updated information on the preferred language for disabilities as well as additional examples of disabilities. Federal contractors and subcontractors are required to implement the new form into their applicant and employee systems and processes by July 25, 2023.
April 3, 2023
New Annual VEVRAA Hiring Benchmark is 5.4%
Effective March 31, 2023, the Annual Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark has been reduced to 5.4%. The state-level veteran availability data has been updated in the VEVRAA Hiring Benchmark Database for federal contractors and subcontractors who calculate an individualized hiring benchmark using the five-factor method.
March 21, 2023
OFCCP Contractor Portal Publishes New Deadline for this Year
The Office of Federal Contract Compliance Programs (OFCCP) announced that it will open its Contractor Portal on March 31, 2023, for existing covered federal contractors to certify compliance with Affirmative Action Program (AAP) requirements for this year. Federal Contractors and subcontractors are required to certify their Affirmative Action Plans by June 29, 2023.
The OFCCP stated in their announcement that existing contractors who do not certify by June 29, 2023, will be more likely to appear on OFCCP’s audit scheduling list than those that have certified their compliance with AAP requirements.
February 7, 2023
OFCCP Will Release EEO-1 Data Soon: Final Chance to Object
- They were not a federal contractor during the relevant period
- They believe they previously submitted an objection to the disclosure of their EEO-1 data
To submit an objection, employers must include information supporting their reasons and must file by 11:59 pm EST on February 17, 2023.
January 23, 2023
OFCCP Published New 2023 CSAL List Naming 500 Federal Contractors
The Office of Federal Contract Compliance Programs just released the latest 2023 Corporate Scheduling Announcement List (CSAL), which includes 500 federal contractors and subcontractors in the supply & service industries. These establishments have been selected for a Compliance Review (Establishment Review), Corporate Management Compliance Evaluation (CMCE), or Functional Affirmative Action Program (FAAP) Review.
November 16, 2022
EEOC Released New Resource Document for Military Service Members and Veterans
The EEOC, U.S. Department of Labor, and U.S. Department of Justice released a new resource document with details describing federal laws that protect military service members and veterans from employment discrimination and unfair treatment. This important document will help veterans and service members learn more about their employment rights and where to get help if they believe their rights have been violated.
November 9, 2022
National Veterans and Military Families Month
This month, let us honor the challenges and sacrifices of veterans, current service members, and military families. We are grateful for them and the essential role they play in supporting our nation. HR Unlimited Inc. stays committed to promoting equal employment opportunities for protected veterans, disabled veterans, and their spouses, as well as helping federal contractors and subcontractors be AAP-compliant with VEVRAA. Learn more about your obligations relating to protected veterans and their families, as well as OFCCP compliance assistance tools that are available to you.
We are here to help!
Whether you have questions about Affirmative Action or Compliance, would like to find out more about our webinars, or would like to request a proposal, we will be happy to promptly respond to your inquiry.