The OFCCP has recently published two important notices in the Federal Register to drastically modify the information the agency collects from construction contractors, and in doing so signaling some potentially troubling policy changes. In particular, the OFCCP is overhauling the construction audit Scheduling Letter and Itemized Listing, and it Continue Reading...
Unraveling Intent: Exploring OFCCP Legal Challenges
An Expert Insight Series Part 3: How Did We Get Here? And Where Are We Headed with DE&I and Affirmative Action? Jump into the way back machine, time travel to 1974, and you will find a very different OFCCP landscape. Yes, back then the agency was pretty uninterested in potential discrimination against men or Whites in general. And yes, Continue Reading...
State Pay Transparency Efforts Graduate to the Federal Level
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...
