In a recent ruling, the New Jersey Appellate Division delivered a blow to an employee who claimed a perceived disability due to COVID-19. The court determined that the employee, who was suspected of contracting the virus, failed to establish a perceived disability claim under the New Jersey Law Against Discrimination (LAD). It is worth noting that employers in New Jersey are aware that LAD's definition of a disability is much broader than that of the Americans with Disabilities Act (ADA).

Virtual session will take place on September 19 at 1:00pm Central Time. 

CSAL lists 1,000 supply & service contractors; 922 establishment reviews, 30 CMCE, 36 FAAP and 12 university reviews.

EEO-1 Component 1 Instruction Booklet is now available; filing period ends December 5, 2023.

Resources are offered by the DOL, OFCCP, and EEOC to support employers’ efforts in meeting obligations under Section 503 of the Rehabilitation Act and the Americans with Disabilities Act (ADA).

The Equal Employment Opportunity Commission (EEOC) has issued a Notice of Public Rulemaking (NPRM) with the unpublished proposed rule in the Federal Register implementing the Pregnant Workers Fairness Act (PWFA). PWFA does not replace or preempt other federal, state, or local laws protecting pregnancy, childbirth, or related medical conditions. 

During the recent NILG conference, officials from OFCCP and EEOC laid out several major priorities for the coming months. Presenters spoke about commitment to the Bipartisan Infrastructure Law (BIL) which focuses primarily on construction contractors and mega construction projects and the effort to find and build opportunities for well-paying jobs, particularly for unskilled workers who can gradually advance within the organization.This is viewed as a means for spurring economic development and ensuring vulnerable communities have access to desirable jobs.

The OFCCP’s major priorities were showcased at the recent National Industry Liaison Group (NILG) conference in Phoenix. Acting Director Michelle Hodge identified the agency’s policies and initiatives to protect the rights and well-being of individuals from marginalized communities who often face discrimination, inequality, and limited access to resources. With the goal of ensuring fair treatment of these individuals, four programs were presented during NILG.

The Office of Management and Budget (OMB) approved OFCCP’s changes to the complaint intake procedures to simulate the Equal Employment Opportunity Commission’s (EEOC) two-step complaint process on June 30, 2023. The OFCCP will update systems by October 31, 2023 to accept complaints in additional languages to accommodate a diverse range of individuals.

The Department of Labor has recently unveiled a final rule, titled "Pre-enforcement Notice and Conciliation Procedures," which aims to modify the existing rule by the Office of Federal Contract Compliance Program (OFCCP) called "Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination" which took effect December 10, 2020. Additionally, the agency has developed a crosswalk to compare the 2020 rule with the anticipated 2023 rule. The 2023 final rule has been specifically designed to provide the OFCCP with a more streamlined, efficient, and flexible process in order to effectively investigate cases of discrimination.

One significant change brought about by this rule is the removal of the previous definitions of "qualitative and quantitative evidence." This allows the OFCCP to pursue cases that hold potential merit. Furthermore, it enables the agency to share discrimination-related findings with contractors during various stages of the compliance evaluation process, giving them an opportunity to respond.

Here are the key changes introduced by this new rule:

1. It provides clarification on the "reasonable efforts" standard that the OFCCP must adhere to when attempting to achieve compliance through conciliation.

2. It establishes the requirement to use the Pre-determination Notice (PDN) in cases where preliminary findings of potential discrimination are identified.

3. It eliminates the need for the OFCCP Director or acting agency head to approve the PDN prior to its issuance. However, the current procedure of the OFCCP necessitates a review by the national office.

4. It reinstates the 15-calendar day response period for the PDN, with the possibility of extensions for valid reasons.

5. It retains the option of expedited conciliation.

6. It permits the OFCCP to identify additional violations through subsequent Notice of Violations (NOV) or Show Cause Notices without requiring amendments to the PDN or original NOV.

7. It establishes that the OFCCP can issue Show Cause Notices without initially providing a PDN or NOV in cases where the contractor has denied access to premises, records, witnesses, or other relevant information.

These changes are aimed at enhancing the effectiveness and efficiency of the OFCCP's efforts in combating employment discrimination.

The OFCCP issued a press release on the rule. 

Staying informed of OFCCP's changes to the process for investigating discrimination is crucial for all federal contractors. The changes noted above will impact the way the OFCCP will conduct compliance evaluations and communicate findings. OutSolve stands ready to assist in these reviews. For further information on how OutSolve can help you stay compliant and reduce risks, please contact us.