There is a new proposed rule coming down the pike with a lot of momentum that will bring state- and local-level pay transparency efforts to federal contractors. The Federal Acquisition Regulatory Council (which consists of the Department of Defense, the General Services Administration, NASA, and Office of Federal Procurement Policy) is proposing Continue Reading...
Unraveling Intent: Exploring OFCCP Legal Challenges
An Expert Insight Series Part 2: What is America First Legal and What Are They Challenging? If you can stand to follow the news these days, you may be aware that America First Legal—a non-profit foundation run by former Trump Senior Advisor Stephen Miller—has begun filing complaints with the OFCCP regarding the “facially discriminatory” Continue Reading...
Unraveling Intent: Exploring OFCCP Legal Challenges
An Expert Insight Series Part 1: Is Affirmative Action Legal? BCGi, and this author in particular, have been screaming for years for the OFCCP to clean up its regulations and, among other things, abandon anachronistic, confusing, and misleading terms. And we have been reminding practitioners that “affirmative action” in the federal Continue Reading...
How Texas SB 17 Does and Does Not Impact Federal AAP Requirements
If you are a Compliance professional working in higher education in Texas, you likely have concerns about the recent passage of Texas Senate Bill 17 (TX SB 17), outlawing diversity, equity and inclusion (DE&I) offices and activities. Even if you are not such a person, this should be of interest as other states consider modeling similar Continue Reading...
OFCCP Seeking Renewal for Contractor Portal/AAP Certification
The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is currently seeking renewal for the authority to require federal contractors to annually “certify” or “verify” their AAP compliance through the agency’s “Contractor Portal.” Authorization is currently set to expire in August, 2024 and is typically granted for Continue Reading...