LATEST ON AFFIRMATIVE ACTION NEWS
August 11, 2022
Long COVID as a Disability under Federal Rights Laws
Workers with Long COVID may be considered to have a disability if their physical or mental condition or symptoms substantially limits one or more major life activities. Under federal rights laws, they are protected from disability discrimination by “covered entities,” which include the employers who must comply. Non-discrimination includes the availability of, and access to, care, treatment, support and services, and employment opportunities for people with Long COVID.
August 9, 2022
OFCCP Contractor Portal Deadline Extended for Federal Contractors
OFCCP recently released an announcement stating that the deadline to register and certify your AAP has been extended for federal contractors who experienced technical issues with the OFCCP Contractor Portal. These contractors will be less likely to appear on an upcoming scheduling list than contractors who failed to attempt to certify.
The Contractor Portal is still open, and OFCCP strongly advises that you register and certify your AAP compliance as soon as possible if you have not done so already. Contractors who do not certify their AAP compliance will be more likely to be included on OFCCP’s scheduling list. Furthermore, those who have not completed certification by September 1, 2022, will be on a list provided to federal agency contracting officers, and non-compliance puts your valuable federal contracts at risk.
August 2, 2022
VETS-4212 Annual Reporting is Now Open for Filing
The VETS-4212 reporting is now open for filing and due by September 30. All federal contractors or subcontractors with a contract worth $150,000 or more, regardless of the number of employees, are required to report annually on their affirmative action efforts in employing veterans. Data reported through form VETS-4212 is used by OFCCP in compliance evaluations. If you have any questions or need help filing your VETS-4212 report, don’t hesitate to contact us. If you are looking for resources regarding veteran hiring, please click here.
July 29, 2022
OFCCP Contractor Portal Technical Help Desk is Available for Contractors Who Need Assistance
OFCCP’s Contractor Portal Technical Help Desk is currently open to assist contractors who have not yet completed registration or certification.
If you have not yet registered and certified your AAP compliance in the OFCCP Contractor Portal, it is strongly advised that you do so as soon as possible. Contractors who do not certify their AAP compliance will be more likely to be included on OFCCP’s scheduling list. Furthermore, those who have not completed certification by September 1, 2022, will be on a list provided to federal agency contracting officers.
July 13, 2022
OFCCP Contractor Portal Still Open With Updated Policy Requirements
The OFCCP contractor portal is still open for AAP certification and the agency has updated its policy requirements to include some establishments with fewer than 50 employees. Now, establishments that have fewer than 50 employees and maintain an AAP only for those employees must be included in the OFCCP Contractor Portal.
Contractors that submit past the June 30 deadline will be prioritized for audits, except new federal contractors and subcontractors as well as those that were not able to certify but contacted OFCCP technical assistance prior to the deadline.
June 13, 2022
Reminder to Register for OFCCP’s Contractor Portal & Certify AAP Compliance
All federal contractors that meet the jurisdictional thresholds must register for the Contractor Portal as soon as possible. The deadline to register and certify your AAPs on the new OFCCP portal is June 30, 2022. Contractors that fail to complete the certification, or have not developed or maintained an AAP, will be more likely to be on OFCCP’s scheduling list than contractors that have certified that they are in compliance. To assist you with registering for the Contractor Portal and certifying compliance, OFCCP offers a user guide and frequently asked questions.
May 26, 2022
OFCCP Publishes New Audit Scheduling (CSAL) List
The Office of Federal Contract Compliance Programs (OFCCP) has announced the release of its latest Corporate Scheduling Announcement List (CSAL). The CSAL is a courtesy notification to:
- Provide contractors at least 45-days advance notice to prepare for the compliance evaluation
- Encourage contractors to take advantage of OFCCP compliance assistance offerings
April 20, 2022
The 2021 EEO-1 Component 1 Data Collection is Now Open
The 2021 EEO-1 Comp 1 data collection is now open. The new deadline to submit and certify the 2021 EEO-1 Comp 1 report is June 21, 2022. Eligible filers are strongly encouraged to begin the filing process as soon as possible to meet this deadline.
Employers can file online through the EEO-1 Component 1 Online Filing System (OFS).
March 18, 2022
How to certify AAP compliance through the OFCCP's new Contractor Portal
The OFCCP invites you to attend their webinar on March 31, 2022, at 2:00 pm EDT to learn how to certify AAP compliance using the new Contractor Portal. During this webinar, they will provide:
- An overview of the OFCCP Contractor Portal
- A demonstration on how your company can certify compliance through the OFCCP Contractor Portal
- Answers to common questions received
February 8, 2022
OFCCP Compliance Assistance Guides
All federal contractors must create an inclusive workforce and meet OFCCP compliance requirements. Failure to comply with federal regulations can put your valuable federal contracts at risk, and you could face substantial fines and penalties. OFCCP compliance assistance guides are available to help you meet these federal requirements. Is your company in compliance?
February 1, 2022
Registration Now Open for OFCCP Portal Access
Contractors may begin registering for access to the OFCCP’s new portal. This is a new requirement for all federal contractors and subcontractors to certify their Affirmative Action Programs, and OFCCP strongly recommends registering as soon as possible. New contractors have 120 days to develop their AAP(s), and must register and certify compliance through the Contractor Portal within 90 days of developing their AAP(s). Contractors can register for entry into the OFCCP portal by creating a Login.gov account.
January 28, 2022
Understanding AAP Requirements and the OFCCP’s New Contractor Portal
All federal contractors and subcontractors will now be required to annually certify that they have developed and maintained an Affirmative Action Plan through OFCCP’s new contractor portal. This portal will make AAP compliance information more accessible to OFCCP investigators, and contractors can expect more scrutiny of Affirmative Action Plans. For additional information on the contractor portal, including information on registration and certification, please visit their Frequently Asked Questions page.
January 13, 2022
OFCCP and EEOC Launch a Joint Initiative to Promote Hiring Equity
The Office of Federal Contract Compliance Programs (OFCCP) and the U.S. Equal Employment Opportunity Commission (EEOC) announced a collaborative initiative to advance hiring practices and help provide underrepresented communities access to good jobs. This joint effort, called The Hiring Initiative to Reimagine Equity (HIRE), will help address key hiring and recruiting challenges to improve equal employment opportunities.
January 11, 2022
The EEOC Announces Changes to the 2021 EEO-1 Component 1 Reporting
Beginning with the 2021 EEO-1 Component 1 data collection, ALL establishments with less than 50 employees must submit data using a Type 8 Establishment Report (“Type 8 Report”). The EEOC is no longer accepting the “Type 6 Report.” This change is part of the EEOC’s continuing efforts to improve the agency’s EEO data collections. The 2021 EEO-1 Component 1 data collection is scheduled to open on April 12, 2022, and the deadline to file is May 17, 2022.
January 4, 2022
Employers Required to Display Notices in the Workplace About Federal Laws Prohibiting Job Discrimination
Did you know that the law requires employers to display notices in the workplace about federal laws prohibiting job discrimination? Get your free copy of the “EEO is the Law” poster today, prepared by the Equal Employment Opportunity Commission (EEOC) and available in four languages.
December 21, 2021
EEOC’s Updated Technical Assistance Document on COVID-19 Disability
EEOC’s technical assistance document now includes a section to clarify under what circumstances COVID-19 may be considered a disability under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. “Like effects from other diseases, effects from COVID-19 can lead to a disability protected under the laws the EEOC enforces. Workers with disabilities stemming from COVID-19 are protected from employment discrimination and may be eligible for reasonable accommodations.”
November 23, 2021
EEOC Updates Covid-19 Technical Assistance to Cover Retaliation
EEOC recently updated its COVID-19 Technical Assistance document again, providing additional information on the rights of employees and job applicants who believe they suffered employer retaliation for protected activities under the ADA, Title VII, or other employment discrimination laws.
November 10, 2021
OFCCP's Proposal to Preserve Equality & Religious Freedom
The U.S. Department of Labor’s OFCCP has announced a proposal to rescind the regulations established in the final rule titled “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption.” This proposal would preserve the Executive Order 11246 religious exemption, ensuring that the EO 11246 religious exemption is interpreted and applied consistently with Title VII principles and case law.
November 5, 2021
EEOC’s Updated COVID-19 Technical Assistance Document
EEOC recently updated and expanded its COVID-19 Technical Assistance document, providing additional information on EEO laws and religious objections to employer vaccine requirements. “Title VII requires employers to accommodate employees’ sincerely held religious beliefs, practices, and observances absent undue hardship. This update will help safeguard that fundamental right as employers seek to protect workers and the public from the unique threat of COVID-19.”
October 14, 2021
Deadline for 2019 and 2020 EEO-1 Component 1 Data Collection
The NEW and FINAL deadline to submit and certify the 2019 and 2020 EEO-1 Component 1 Report(s) is Monday, October 25, 2021. The EEO-1 Component 1 report is mandatory for all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria. We encourage all eligible employers to file as soon as possible since there will be no additional changes to the deadline.
October 11, 2021
How Can You Prepare for the New COVID-19 Vaccine Mandate
Are you prepared for the new COVID-19 vaccine mandate? The emergency temporary standard requires private employers with 100 or more employees to mandate the COVID vaccine or weekly testing for their unvaccinated employees. Even though it has not been released yet, covered employers should start preparing now to avoid possible penalties. To stay compliant and avoid up to $14,000 fines, you should begin preparations such as updating your vaccination policies.
October 5, 2021
How to Commemorate American Workers with Disabilities this Month
October is National Disability Employment Awareness Month, and the U.S. Department of Labor has compiled a list of ways we can celebrate the many contributions of people with disabilities to America’s workplaces and economy. It includes ideas, resources, events, and activities centered around NDEAM’s 2021 theme of “America’s Recovery: Powered by Inclusion.”
September 27, 2021
VETS-4212 Report Upcoming Deadline
The VETS-4212 Report is due Thursday, September 30, 2021. Federal contractors and subcontractors are encouraged to complete and submit the reports online through the VETS-4212 Reporting Application website. Specific instructions, information, and follow-up assistance are also available at the VETS-4212 website.
September 21, 2021
Hispanic Women Experience the Largest Wage Gap in the U.S. Workforce
Did you know that for every dollar earned by non-Hispanic white men, Hispanic women earn only 55 cents? This is the largest wage gap experienced by any major racial group in the U.S. workforce. We must continue to take necessary actions to hardwire equity for all women, particularly women of color. Learn more about the statistics on the state of Hispanic women in the U.S. workforce.
September 17, 2021
U.S. Department of Labor’s Compliance Assistance for Small Businesses
This week was National Small Business Week! You can learn more about your Equal Employment Opportunity and nondiscrimination responsibilities by viewing U.S. Department of Labor’s Small Federal Contractors Guide.
September 9, 2021
U.S. Department of Labor Can Help Those Transitioning from Military Service
Every year, approximately 200,000 men and women leave U.S. military service and return to life as civilians, a process known as the military to civilian transition. The Transition Assistance Program (TAP) provides information, tools, and training to ensure service members, and their spouses, are prepared for the next step in civilian life.
September 7, 2021
New EEO Census Data Available for AAP Development
Earlier this year, the U.S. Census Bureau began releasing new data tables that federal contractors use to conduct availability analysis when determining whether to establish placement goals for women and minorities as part of their affirmative action programs (AAPs). This new Equal Employment Opportunity Tabulation (EEO Tab) is based on 2014-2018 census data and has been released on a rolling basis for the past few months along with guidance from Census. Now that the 2014-2018 EEO Tabulation is ready to use for AAP development, OFCCP has posted a notice requiring federal contractors to use the 2014-2018 EEO Tabulation for AAPs developed on or after January 1, 2022.
September 2, 2021
Labor Rights Week: How the U.S. Dept. of Labor Protects All Workers
This week we celebrate Labor Rights Week and honor all workers in the American workforce. Let us continue to work together to make sure that everyone has the same right to safety and fairness in the workplace. Learn more about how the U.S. Department of Labor protects workers, regardless of immigration status.
August 20, 2021
EEO-1 Component 1 Data Collection: Deadline Extended Again
Due to the pandemic and the continuing impact it has caused on business operations, the deadline to submit and certify 2019 and 2020 EEO-1 Component 1 data has been extended again to Monday, October 25, 2021. EEOC also announces that this will be their final extension: “This new deadline is the FINAL DEADLINE and all eligible filers MUST submit data by this date. No additional changes to the filing deadline will be made. We encourage eligible employers to file the required EEO-1 Component 1 report(s) as soon as possible.”
August 10, 2021
The EEOC Will Focus on Three Broad Areas for FY 2022
The Biden Administration has called for a whole-of-government approach to addressing systemic discrimination and advancing equal opportunity, and the EEOC has a critical part in achieving that agenda. The EEOC will focus on three broad areas for the fiscal year 2022– racial justice and systemic discrimination, pay equity, and the civil rights impact of the pandemic.
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