Executive Summary: EEOC and OFCCP have issued a new workplace poster, and the end of the year is quickly approaching. Now is the time for federal contractors to start planning for 2023 compliance with OFCCP obligations including affirmative action plan (AAP) development, annual compliance certification, and annual EEO and affirmative action training. Additionally, Contractors should stay on top of regulatory developments.
- 2023 is just around the corner. Federal Contractors with a January 1-December 31, AAP year should begin gathering data and other necessary information so that they are prepared to begin the AAP development process right after the new year. This is particularly important for those contractors with establishments on the current scheduling list. OFCCP will not extend the deadline for submitting a response to a scheduling letter except in a few extraordinary circumstances. If you are not sure whether you are on an active scheduling list, please contact your FordHarrison attorney.
- Now is also the time to review whether there are any gaps in training for recruiters and managers. Refresher training on proper dispositioning of applicants and OFCCP affirmative action and non-discrimination obligations are critical components to any compliance program.
- OFCCP’s revised Pre-Determination Regulation is expected to be issued shortly. Keep an eye out for an alert from FordHarrison’s Affirmative Action Practice Group outlining changes to the regulation and implications for contractors.
- Also on the regulatory front, the OFCCP is beginning to work on changes to the Executive Order regulations. This project is a heavy lift given that most of the regulations have not been revised since the 1970s. There will be opportunities for the contractor community to provide feedback. Stay tuned.
- The EEOC and OFCCP issued a new workplace poster titled Know Your Rights: Workplace Discrimination is Illegal. This poster replaces the EEO is the Law poster. Employers, including those who are federal contractors, are required to display the new poster in conspicuous places where other notices are typically displayed. Employers are also encouraged to post the notice on their website and intranet. Like the EEO is the Law poster, the Know your Rights poster summarizes employees’ rights under the laws enforced by the EEOC and OFCCP, including: Title VII of the Civil Rights Act, Americans with Disabilities Act, Equal Pay Act, Age Discrimination in Employment Act, Genetic Information and Nondiscrimination Act, Executive Order 11246, Section 503 of the Rehabilitation Act, and the Vietnam Era Veterans Readjustment Assistance Act. The Know Your Rights poster includes a few noteworthy changes:
- a QR code that links directly to instructions on how to file a charge of discrimination with the EEOC;
- clarification that harassment constitutes unlawful discrimination; and
- a statement that sex discrimination includes discrimination based on pregnancy, sexual orientation, and gender identity.
For more information regarding the issues discussed in this Alert, please contact the FordHarrison attorney with whom you usually work or any member of the practice group.