2023 RECAP Affirmative Action and Federal Contract Compliance
2023 Recap
Federal Contractor Affirmative Action Obligations Remain “Affirmative action” in employment, particularly as it relates to federal contractors, is not directly impacted by the June SCOTUS decision on “race-conscious” admissions for academic institutions. Employers who are federal contractors should not discontinue efforts to comply with federal affirmative action obligations. However, there are a few considerations to keep in mind – especially in the areas of effective outreach and remedying potential problem areas. Feds Ratchet Up Pressure with New Audit and Conciliation Procedures An OFCCP rule that took effect in September adjusts the way it audits federal contractors and conciliates disputes over alleged discriminatory practices. The final rule removes much of the clarity and transparency that contractors have enjoyed the past several years when it comes to pre-enforcement notices and conciliation procedures, generally making things more complicated for the employer community. New OFCCP Scheduling Letter Created Additional Burdens The OFCCP also announced in August that it updated its Supply and Service Scheduling Letter and Itemized Listing – also known as its scheduling letter – in ways that federal contractors will find burdensome and time-consuming. The changes result in an expansion of coverage in both breadth and scope of compliance evaluations conducted by OFCCP, and it applies to supply and service compliance evaluations scheduled on or after August 24.
Sheila Willis Partner Columbia swillis@fisherphillips.com
Cheryl Behymer Partner Columbia cbehymer@fisherphillips.com
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