The OFCCP’s “Early Resolution Conciliation Agreement” (ERCA) program has been so successful that the agency has revised the Directive that created it, and tightened things up based on the agency’s experience with the program since it was introduced in 2019. The most talked about change is that the conciliation agreements resulting from the Continue Reading...
Revised Construction Scheduling Letter Inching Closer
Preparing for a construction audit by the OFCCP is about to get a lot more tedious. The agency announced in February that it intends to overhaul the audit Scheduling Letter and Itemized Listing for construction contractors and submitted draft documents for public comment. Little public comment was received, and the agency is now ready to ask OMB Continue Reading...
OFCCP Releases 2024 CSAL
The OFCCP has released the first Corporate Scheduling Announcement List (CSAL) of 2024 with 500 new AAP locations or functions selected, but not yet scheduled, for audit. The full list can be found on the OFCCP’s website here. The agency is required to select contractors for audits through an “administratively neutral” process. While it is not Continue Reading...
OFCCP Releases Guidance on the Use of AI in Employment Decisions
As artificial intelligence (AI) continues to proliferate in the applicant screening/employee selection industry, federal contractors have been left with little to no guidance from the OFCCP regarding their compliance obligations. President Biden issued Executive Order 14110 late in 2023, which called for U.S. government agencies, including the Continue Reading...
What Muldrow May Mean for Federal Contractors
Even if you don’t obsess over legislative and judicial developments the way we do, it has been hard to escape coverage of the Supreme Court’s recent decision in Muldrow v. City of St. Louis, Missouri, et al, regarding the evidentiary standard for plaintiffs bringing a Title VII discrimination claim based not on hiring or firing, or even promotion Continue Reading...
