Since June 2023, the Office of Federal Contract Compliance Programs (OFCCP) has executed 10 conciliation agreements, addressing the critical issue of race-based hiring discrimination. These agreements, totaling over $5.3 million in financial settlements, have directly addressed the concerns of approximately 5,000 applicants who faced potential discriminatory practices based on their race. A recurring theme in these settlements is the systemic exclusion of minority groups - Black, Hispanic, Asian, and multi-racial applicants - from various job opportunities. The allegations spanned across positions like assemblers, mail sorters, contact tracers, and customer service representatives. The widespread nature of the allegations shed light on the nuanced barriers these groups face in the job market.

The Office of Federal Contract Compliance Programs (OFCCP) has followed through on its commitment to revise the OMB-approved complaint filing process. The new system now aligns with the Equal Employment Opportunity Commission’s (EEOC) two-step complaint process which starts with a preliminary review of the basic allegations, allowing the OFCCP to determine the validity and need for a full investigation.

The filing period for the 2022 EEO-1 Component 1 data collection opened on October 31 and all reports must be submitted by December 5, 2023. Private employers with a workforce of over 100 employees and federal contractors with 50 or more employees are required by the Equal Employment Opportunity Commission (EEOC) to submit this report using the EEO-1 Component 1 Online Filing System (OFS).

Washington State's Equal Pay and Opportunities Act (EPOA), also known as Senate Bill 571, came into effect on January 1, 2023. The law aims to promote wage transparency and mitigate gender pay disparities. In the brief period since its implementation, a noteworthy number of lawsuits have been filed against non-compliant companies.

The skills of workers with disabilities who are active in our workplaces and economy are honored during October for National Disability Employment Awareness Month (NDEAM). In August 2023, which was the 33^rd anniversary of the Americans with Disabilities Act (ADA), the employment population ratio for disabled people was 23%, which was the highest on record. Comparatively, in August 2021, the ratio was 19.2%. The Department of Labor (DOL) suspects that the increase may be attributed to the changes related to the pandemic, such as greater access to telework and other flexible workplace arrangements that may have opened the doors for many disabled workers. According to the DOL, “despite this positive trend, an unacceptable employment gap remains, and until it closes, we have work to do.”

In March 2023, the Office of Federal Contract Compliance Programs (OFCCP) launched the groundbreaking Megaproject program, aimed at providing essential resources and support for federal construction projects valued at $35 million or more and lasting at least one year. This program is dedicated to promoting equal opportunities within the construction trades. Exciting news came last week when the OFCCP announced the inclusion of 12 additional federal construction projects as official Megaprojects. The identification process for these new projects was carried out in collaboration with esteemed organizations such as the Department of Transportation (DOT), Department of Energy (DOE), General Services Administration (GSA), and Environmental Protection Agency (EPA). To ensure fairness, the agency meticulously employed a set of neutral criteria to designate these Megaprojects from a vast selection of eligible projects.

The Equal Employment Opportunity Commission (EEOC) unveiled their proposed “Enforcement Guidance on Harassment in the Workplace” in the federal register on October 2, 2023. This eagerly anticipated update comes after the initial release for public comment in 2017 was never finalized. While employers await the final approved guidance, they are advised to adhere to the current guidance issued on May 1, 1987.

Leading up to the implementation of New York State's pay transparency law, the New York Department of Labor has released proposed regulations to clarify the wage disclosure obligations of employers.

Governor Jared Polis took a significant step towards safeguarding workers' rights and leveling the playing field with the signing of the Protecting Opportunities and Workers' Rights (POWR) Act in June 2023. This landmark legislation, which amends the Colorado Anti-Discrimination Act (CADA), brings about crucial changes that empower employees and enhance workplace fairness.

Minnesota Governor Tim Walz signed the Omnibus Jobs and Economic Development and Labor Funding bill, S.F. 3035, on May 24, 2023, bringing several important changes to Minnesota employment law. Along with investing funds to match federal investments, this bill introduces a range of measures to protect and empower workers.