Audits/Due Diligence - Page 5 of 24

OFCCP New Federal Contractor Portal Opened for Required Certification

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) opened the certification period for its new Federal Contractor Portal (Portal). Supply and service federal contractors and subcontractors (contractors) are required to certify the status of their annual affirmative action plans (AAPs) for each establishment before June 30, 2022.

As previously reported, the OFCCP opened the Portal for registration on February 1, 2022, allowing contractors to visit the site, register their company and validate their information. The OFCCP updated the resource landing page on its web page, which — in addition to a previously provided rollout timeline, user guide and FAQs — now includes additional FAQs addressing certification and registration, how-to videos, a user guide and one-page guides for registration and certification. Contractors are now required to register (if not done previously) and certify compliance.

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AI and Employment: Tracking California’s Proposed Regulations on Employers and Automated Decision-Making

California is among the first states to propose expressly regulating employers’ use of algorithms and artificial intelligence. In a March 25, 2022 virtual public meeting, the California Fair Employment and Housing Council discussed proposed regulatory changes that would address employers’ and third parties’ use of artificial intelligence in employment practices. While the proposed regulations remain a work in progress, they provide a glimpse into how policymakers are approaching these issues — and they could prove influential to other states (and even, potentially, the federal government) contemplating their own regulations in this space.

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Equal Pay Day Heralds New Executive Order and OFCCP Directive

On Equal Pay Day (March 15, 2022), President Biden issued an executive order aimed at advancing the effectiveness in federal contracting by promoting pay equity and transparency in tandem with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs’ (OFCCP) first formal directive (DIR 2022-01) during the Biden administration on pay equity in federal contractors. The directive addresses the OFCCP’s position on obtaining compensation related documents sought during the agency’s audits, which includes pay equity review.

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Artificial Intelligence Briefing: Tracking AI Regulation and Legislation

As more organizations use artificial intelligence and algorithms to drive decision-making processes, policymakers are beginning to address concerns about these tools — including their lack of transparency and potential for generating unintended bias and discrimination. In our inaugural artificial intelligence briefing, we provide a rundown of recent AI regulatory and legislative developments from across the U.S. that should be top of mind for any organization using AI or algorithms.

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OFCCP’s New Federal Contractor Compliance Portal Opens for Registration Only

On February 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP) opened its new Federal Contractor Portal (Portal) for one-time registration and updated its website landing page with a Federal Contractor User Guide and additional FAQs. As previously reported, the OFCCP has implemented an annual affirmative action plan (AAP) certification process, which requires covered federal contractors and subcontractors (contractors) to register for the Portal and then annually certify they are meeting their existing requirement to develop and maintain annual AAPs. At this time, the Portal is open only for registration — it will not open for certification until March 31, 2022. The OFCCP encourages contractors to complete registration by March 30, 2022 to avoid any delays in the certification process.

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Pay Equity Update: New York City’s New Salary Range Disclosure Law

Several states and localities have passed laws that seek to address pay inequity, based on gender, race and other protected categories. While the intent behind these laws is similar, the laws impose different obligations. New York City is the latest locality to impose a salary range disclosure requirement on employers. On January 15, 2022, the New York City Human Rights Law (NYCHRL) was amended to prohibit employers with four or more workers (including independent contractors) from advertising a job, promotion or transfer opportunity without stating the minimum and maximum salary for the position. The range may extend from the lowest to the highest salary the employer in good faith believes at the time of the posting it would pay for the advertised job, promotion or transfer opportunity. New York City’s salary range law is effective May 15, 2022.

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