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.
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and 150-plus business organizations sent a letter to the president contesting the Order and requesting that it be withdrawn, NAACP attorneys took contractor objections a step further, launching a class action lawsuit on behalf of the National Urban League, the National Fair Housing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.
New Statement of Changes to U.K. Immigration Rules, Including the New Post-Brexit U.K. Immigration System
On 22 October 2020, the United Kingdom government issued a Statement of Changes to the Immigration Rules that will come into force for visa applications submitted after 9 a.m. on 1 December 2020. Under the new rules, the visa application process for European Union (EU) and non-EU-nationals will be the same. Additionally, four new routes to obtaining a visa have been added, as well as numerous changes to other routes and concessions for the COVID-19 pandemic.
For the full alert, visit the Faegre Drinker website.
Now What? COVID-19 + Flu Season
Many workplaces are likely to see a rise in flu activity at the same time as an increased rate of COVID-19 infections. The paramount concern for all employers should be keeping sick workers out of the workplace. Now is the time to get ahead of the questions that are likely to arise. The CDC’s and other guidance will certainly continue to evolve, and it is important to continue to monitor developments and adjust policies accordingly. However, having a plan in place will bode well for employers and employees alike and will provide a solid starting place to incorporate new guidance as it is issued.
For the full alert, visit the Faegre Drinker website.
November 2020 Visa Bulletin Update: USCIS Will Continue Using ‘Dates for Filing’ Chart
On October 29, 2020, the U.S. Department of State (DOS) issued the November Visa Bulletin. U.S. Citizenship and Immigration Services (USCIS) confirmed that it will use the “Dates for Filing” chart. For employment-based visa categories, the “Dates for Filing” chart is the same as last month, except for modest advancement in the EB-3 China “other workers” category. Foreign nationals who are eligible to file their employment-based visa applications in October can file their applications in November.
The November “Final Action Dates” chart shows slight forward movement in employment-based visa categories. Notably, EB-1 India and China categories will advance by six months.
For more information on this topic, please see our earlier legal update on the October Visa Bulletin.
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.