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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Diversity, Equity and Inclusion Developments in Irish Employment Law

For Irish lawmakers, commitment to promoting diversity, equity and inclusion (DEI) continues to be a top priority in 2023. Following the introduction of Ireland’s Gender Pay Gap Information Act (the Act) in 2021, employers continue to be required to report their gender pay gap metrics as a tangible commitment to DEI.

On May 31, 2022, regulations went into effect requiring organizations with more than 250 employees to report their gender pay gap information in December 2022, based on a June 2022 snapshot of the organizations’ employees.

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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 Revises Recent Directive on Compensation Analysis

On August 18, 2022, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) revised Directive 2022-01 (DIR 2022-01) to clarify its earlier guidance addressing federal government contractors’ regulatory requirement to evaluate compensation as part of their affirmative action programming. Originally referred to as the “pay equity audit,” OFCCP Director Jenny Yang noted in her accompanying DOL blog post that the change in terminology from “pay equity audit” to “compensation analysis” was made to avoid any confusion regarding the nature of contractor obligations.

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OFCCP Issues Important Update About Contractor Portal Certification Process

On July 28, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued important clarifications about the certification process through its Federal Contractor Portal (Portal). As previously reported, the Portal is new this year and required federal contractors and subcontractors (contractors) to certify the status of their annual affirmative action plan (AAP) for each establishment before June 30, 2022. In its bulletin update communicated to subscribers by email, the OFCCP stated that — although the portal remains currently open — it has not extended the June 30 deadline and that contractors that have not yet registered and certified their AAP compliance should do so as soon as possible. But it also explained that the agency will consider those contractors that requested assistance from the OFCCP on or before June 30, 2022 — but have not yet completed registration or certification because of a pending request for assistance — to have met the June 30 deadline.

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