Counseling & Compliance Training - Page 29 of 90

Federal District Court Issues Nationwide Temporary Ban on Executive Order 13950

Last week, the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction banning the enforcement of Sections 4 and 5 of Executive Order 13950, a controversial federal directive purportedly enacted “to combat offensive and anti-American race and sex stereotyping and scapegoating” by prohibiting federal contractors and grantees from inculcating such views in their diversity and inclusion workplace trainings. While the preliminary injunction represents a significant win for the government contracting community, it is not a permanent injunction. It remains to be seen whether the government will appeal the order, or whether the incoming Biden administration will rescind the Executive Order in its entirety.

For the full alert, visit the Faegre Drinker website.

EEOC Guidance Regarding COVID-19 Vaccinations

Last week, the United States Equal Employment Opportunity Commission (EEOC) firmed up its guidance to employers regarding mandatory COVID-19 vaccinations. Subject to certain restrictions and potential accommodation requests, the EEOC’s position is that employers may require employees to be vaccinated before returning to the workplace. Still, employers considering administering the vaccine, either directly or through a third party, should proceed with caution.

For the full alert, visit the Faegre Drinker website.

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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OFCCP Issues Final Rule to Clarify the Application of Executive Order 11246’s Religious Exemption

The Office of Federal Contract Compliance Programs (OFCCP) continued its clarity tour last week, publishing a final rule in the Federal Register regarding Executive Order 11246 and its religious exemption. The final rule explains the types of contractors that qualify for religious exemption and elucidates the latitude of such contractors to make employment-related decisions based on religion. The OFCCP maintains that its goal was to acknowledge case law permitting religious organizations to apply religious belief defenses to claims of alleged unlawful employment discrimination, but opponents believe the final rule impermissibly protects the free exercise of religion above protecting the rights of the LGBTQ community.

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Biden Proposes Nationwide Non-Compete Ban

President-Elect Biden recently released his “Plan for Strengthening Worker Organizing, Collective Bargaining, and Unions.” His Plan states that “Biden will work with Congress to eliminate all non-compete agreements, except the very few that are absolutely necessary to protect a narrowly defined category of trade secrets, and outright ban all no-poaching agreements,” which are common in franchisor/franchisee and other arrangements. The foregoing statement is consistent with Biden’s previous comments about eliminating non-compete restrictions and no-poaching agreements while on the campaign trail, as well as with the Obama administration’s call for states to ban non-compete agreements.

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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.