On September 8, 2023, the Office of Federal Contractor Compliance Programs (OFCCP) released its second Corporate Scheduling Announcement (CSAL) of the year. Federal contractors should immediately review the 2023 CSAL because it serves as the only advance notification to contractors of upcoming audits.
Author: Kristin Jones Pierre
OFCCP’s New Supply and Service Scheduling Letter Significantly Increases Audit Scope
On August 25, 2023, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced that it has updated its Supply and Service Scheduling Letter and Itemized Listing (Scheduling Letter). According to the OFCCP’s announcement, the updated Scheduling Letter “encourages contractors to submit information electronically, clarifies existing requirements, and requests new information that will allow OFCCP to better assess compliance.”
Next Stage Considerations About the Supreme Court’s Affirmative Action Decision: How to Put the Warning Letter from the State Attorneys General in Context
As higher education institutions, state and local governments, private employers and federal contractors grapple with understanding the impacts of the U.S. Supreme Court’s decision in Students for Fair Admissions v. President & Fellows of Harvard College, No. 20-1199 (U.S. June 29, 2023), it is not surprising that elected officials — including 13 state attorneys general — have markedly different views about the philosophy and effects of affirmative action and other race-conscious policies. So, what should potentially affected organizations do in response to this legal uncertainty? We suggest taking a breath and bringing method to the madness.
For the full alert, visit the Faegre Drinker website.
U.S. Supreme Court Invalidates Race-Conscious Admissions: Key Considerations for Postsecondary Institutions, Employers and Others
On June 29, 2023, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, and Students for Fair Admissions, Inc. v. University of North Carolina et al., holding that race-conscious admissions programs used by Harvard College and the University of North Carolina are constitutionally impermissible. Both public colleges and universities, and private institutions receiving federal funds, are prohibited from considering race in admissions decisions. As a result of the decision, institutions may also need to evaluate other areas in which educational services or benefits potentially take race into account, including but not limited to the provision of scholarships or grants. There may also be significant implications for employers’ voluntary affirmative action and DEI programs, as well as potential implications for mandatory affirmative action for government contractors, as a result of the decision.
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.