Lindsey Hogan, Grayson Harbour, Zoey A.Y. Twyford, Author at Laborsphere

OFCCP Updates Form to Invite Voluntary Self-Identification of Disability Status

On April 25, 2023, the Office of Management and Budget (OMB) approved the Office of Federal Contractor Compliance Program’s (OFCCP) updated Voluntary Self-Identification of Disability Form. The OFCCP explained that the form was revised to “update the preferred language for disabilities and to include additional examples of disabilities.” According to OFCCP guidance, federal contractors and subcontractors (contractors) must begin using the updated Voluntary Self-Identification of Disability Form no later than July 25, 2023.

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OFCCP Federal Contractor Portal to Open March 31 for Second Annual Required Certification

On March 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced that it will open the certification period for its second annual certification cycle shortly on March 31, 2023. As previously reported, beginning in 2022, supply and service federal contractors and subcontractors (contractors) are required to annually certify the status of their annual affirmative action plans (AAPs). Like last year’s schedule, the OFCCP Contractor Portal is intended to be open until June 29, 2023.

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OFCCP Releases 2023 Pre-Audit Corporate Scheduling Announcement List

On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) released its 2023 Corporate Scheduling Announcement List (CSAL), which notifies 500 supply and service establishments (locations) of upcoming audits. Federal contractors should immediately review the 2023 CSAL because it serves as the only advance notification to contractors of upcoming audits.

The CSAL specifies the type of audit the contractor will undergo: Full Compliance Review (Establishment Review), Corporate Management Compliance Evaluation (CMCE) or Functional Affirmative Action Program (FAAP) Review.

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OFCCP Sends Notice of Intent to Release EEO-1 Data to Non-objecting Contractors

On August 19, 2022, as discussed in previous alerts, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) notified its federal contractor base that the OFCCP received a request under the Freedom of Information Act (FOIA) from the Center for Investigative Reporting (CIR) for all Type 2 Consolidated Employer Information Reports, Standard Form 100 (EEO-1 Report), filed by federal contractors and first-tier subcontractors (contractors) from 2016 to 2020. Contractors had until October 19, 2022, to file their individualized objections to the production of their EEO-1 reports.

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OFCCP Extends Deadline for Individualized Objections From Federal Contractors to Production of Their 2016-2020 EEO-1 Data in Response to FOIA Request

As covered in a previous alert, on August 19, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) notified its federal contractor base that it received a request under the Freedom of Information Act (FOIA) from the Center for Investigative Reporting (CIR) for all Type 2 Consolidated Employer Information Reports, Standard Form 100 (EEO-1 Report), filed by federal contractors and first tier subcontractors from 2016-2020.

Contractors initially had until September 19, 2022, to file individualized objections to the production of their EEO-1 reports. Importantly, the OFCCP has extended the deadline to file an objection to October 19, 2022, to allow contractors sufficient time to ascertain whether they are covered by the FOIA request and submit objections.

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OFCCP Provides 30-day Notice Seeking Individualized Objections from Federal Contractors Before Response to FOIA Request

On August 19, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) alerted its federal contractor base that it received a request under the Freedom of Information Act (FOIA) from the Center for Investigative Reporting (CIR) for all Type 2 Consolidated Employer Information Reports, Standard Form 100 (EEO-1 Report), filed by federal contractors and first tier subcontractors from 2016-2020. By issuing this alert, the OFCCP has met its obligation to notify contractors that it will be disclosing information unless contractors file an objection within 30-days.

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