OFCCP Issues Last Directive Under CERT Principles for OFCCP Policies and Practices

When the Office of Federal Contract Compliance Programs (OFCCP) first adopted the Certainty, Efficiency, Recognition and Transparency (CERT) principles, the agency’s aim was simple: Improve governance and help the federal contracting community better understand their obligations. With the December 15 release of the Certainty Directive — the fourth and final directive under the CERT principles — the OFCCP has established a process to ensure clarity, which commits the agency to ongoing review and clarification of its policies and practices.

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Federal Agencies Issue Contract Clauses Implementing ‘Executive Order on Combating Race and Sex Stereotyping’

President Trump issued the “Executive Order on Combating Race and Sex Stereotyping” on September 22, but no federal regulations have subsequently been released on how to implement the Order. In the absence of such regulations, the DOD and NASA recently issued memorandums to provide instructions on the way to implement the Order in solicitations and contracts.

For the full alert, visit the Faegre Drinker website.

DOL Finalizes Rule Requiring Internal Approval of Evidence Prior to Issuing Preliminary Notices of Discriminatory Bias Claims Against Contractors

Contractors have more clarity on the Office of Federal Contract Compliance Programs (OFCCP) investigation into discriminatory bias claims, as a final rule is published outlining consistent parameters and approval protocol for evidence. These new developments should equip contractors with additional information prior to the agency issuing a Notice of Violation, allowing contractors an opportunity to refute any initial determination made by the OFCCP or seek prompt resolution.

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Civil Rights Organizations File Lawsuit Seeking to Halt President Trump’s Executive Order Combating Race and Sex Stereotyping

The controversy surrounding President Trump’s “Executive Order on Combating Race and Sex Stereotyping” continues to snowball. After the U.S. Chamber of Commerce and 150-plus business organizations sent a letter to the president contesting the Order and requesting that it be withdrawn, NAACP attorneys took contractor objections a step further, launching a class action lawsuit on behalf of the National Urban League, the National Fair Housing Alliance and others similarly situated. Filed on October 29, 2020, the suit called the Order “an extraordinary and unprecedented act by the Trump Administration to undermine efforts to foster diversity and inclusion in the workplace” and further challenged the federal directive on constitutional grounds.

For the full alert, visit the Faegre Drinker website.

OFCCP Issues Request for Information Supporting President Trump’s Executive Order on Combating Race and Sex Stereotyping

Executive Order 13950 first made waves in September, with concerns that its stated goal of stamping out “offensive and anti-American race and sex stereotyping and scapegoating” might curtail federal contractors’ ability to provide diversity workplace trainings. After publishing guidance clarifying the particulars of the Executive Order and launching a hotline to receive complaints, the Office of Federal Contract Compliance Programs is now seeking comments, information and materials from the public regarding potentially noncompliant trainings. The agency’s Request for Information was published in the Federal Register on October 21, 2020.

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OFCCP Issues FAQs on Executive Order Combating Race and Sex Stereotyping

The Office of Federal Contract Compliance Programs has issued nine Frequently Asked Questions (FAQs) to address Executive Order 13950, which is intended “to combat offensive and anti-American race and sex stereotyping and scapegoating.” The FAQs include a range of topics — from the effective date of the Executive Order and examples of race or sex stereotyping or scapegoating, to how to file a complaint for unlawful training programs.

For the full alert, visit the Faegre Drinker website.