Pay transparency continues to be a significant and growing trend in the workplace. Legislation and public demand have also increased related to companies disclosing salary information, so initiatives around pay equity, fairness, and trust are a top priority for Human Resources. Pay transparency initiatives present an opportunity to cultivate a culture of openness, equity and trust, but it also brings about challenges that need to be carefully addressed. 

Government investigations of employers' I-9 compliance have been a key part of both Democratic and Republican administrations' efforts to combat unauthorized immigration. Form I-9, which became mandatory in the United States on November 6, 1986 when the Immigration Reform and Control Act (IRCA) was passed, is one of many crucial documentation processes required of employers in the United States. Form I-9 is intended for employers to verify the identity and employment authorization of individuals hired to work in the United States.

There have been a flurry of changes to federal contractor obligations this year with a lot still unknown. Many Executive Orders issued by President Trump have directly impacted labor laws and reporting requirements. Labor law posters are no exception to these changes.  

HR compliance is more complex than ever and staying informed is essential to mitigating risk for your organization. Whether you’re tackling pay transparency laws, HR policy shifts, or I-9 enforcement, OutSolve’s expert-led webinars will help you navigate these challenges with confidence. 

HR teams cover a lot of ground – from recruiting and onboarding to employee benefits and performance management to training and development. This list doesn’t even cover all practices and legal requirements HR must comply with and consider.  

So much is changing in the world of HR Compliance. Laws that were once steadfast are being modified for the first time in years. Not only that, but states are creating their own laws that HR professionals must now follow. That, combined with federal regulations and requirements, can leave HR teams heads spinning. 

One way that Human Resources adds value to an organization is by ensuring that their compensation practices are competitive, fair, and compliant. A tool that helps companies align their pay strategies is called a compensation analysis.  

A compensation analysis plays a key role for companies across all industries and sizes in attracting, motivating, and retaining talent. 

Standing up a pay equity and fair pay program can feel like navigating a labyrinth of data, policies, and entrenched practices. You face the daunting task of balancing budget constraints, regulatory compliance, and the urgent need to attract and retain top talent. All the while, you know that unaddressed pay inequities can erode employee trust, fuel turnover, and tarnish your company’s reputation.

Human Resource Managers have a plethora of responsibilities. These responsibilities range from system management to recruitment to employee relations. Outside of day-to-day internal operations, HR managers are also responsible for ensuring that their company adheres to all applicable employment laws on a federal, state, and local level.  

OutSolve has invited John C. Fox, Esq. as a guest blogger providing legal insights on EEO and compliance issues. The views expressed in his posts are his and do not reflect the viewpoint of OutSolve or its employees.

“The only certainty right now in the federal government is uncertainty." –Jeremy Mancheski

The information provided herein is for general informational purposes only and does not constitute legal advice. This content reflects analysis of publicly available court filings and executive orders. 

One of the main roles of Human Resources is staying informed about employment laws and helping their organizations remain in compliance with those laws. Title VII of the Civil Rights Act of 1964 remains an important foundational law despite the many legal changes that have happened during the first several weeks of 2025.  

The California Pay Data Reporting portal is now open. Private employers with 100 or more payroll employees or 100 or more employees hired through labor contractors inside or outside of California can now submit their 2024 reports through May 14, 2025.  

Key implications of the February 21, 2025 injunction and what’s next for federal contractors, universities, and corporations 

Human Resources professionals understand that maintaining compliance with employment laws and regulations is not only a legal requirement, but also a critical element to a company’s long-term success. Questions from management, executives, and even board members concerning HR compliance can be expected. Clear transparent communication emphasizing the importance of compliance and the potential costs of non-compliance are key in helping leadership make informed decisions that support the overall company direction while also ensuring compliance with existing workforce regulations 

Attracting and retaining top talent is more challenging than ever, and that trend is expected to continue. A competitive and well-thought-out compensation structure can make or break the delicate process of hiring and keeping your best employees. It’s not simply a list of pay scales, but a strategic framework on how employees are compensated that helps promote fairness, competitiveness, and compliance.  

Ensuring compliance with employment work authorization requirements is a crucial responsibility for employers. A Form I-9 is the official document required by United States law that employers use to verify the identity and employment eligibility of individuals hired to work in the United States. 

Pay transparency laws are on the rise in the United States.  Colorado led the charge on this initiative by implementing the first pay transparency state law in 2019 and many other states have followed since. While pay and salary was once considered a topic no one discussed, it is now gaining traction and requiring employers to be upfront and honest in job listings when it comes to disclosing salary ranges and benefits.

In today’s competitive job market, employers seek new ways to attract and retain top talent while also maintaining a fair and inclusive environment. A company’s pay transparency continues to be a fundamental part of that equation.  

Recent changes in federal regulations regarding affirmative action have left many employers wondering what is going on with their other federal obligations. What regulations and reporting requirements does my organization still need to comply with? 

Section 503 of the Rehabilitation Act and the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) are two laws that remain in effect and must be complied with if you meet the minimum thresholds. 

If recent federal changes have you questioning pay equity’s importance, consider this: states are stepping up enforcement, and your employees are watching. In 2025, staying proactive is key. 

Not only that, but under the federal Equal Pay Act of 1963 and Title VII of the Civil Rights Act,employers are prohibited from pay discrimination on the basis of sex, gender, race, or ethnicity. These two laws work together and require that any pay differences are justified by legitimate, non-discriminatory factors such as merit, seniority, quantity or quality of work, or a factor other than sex and race.

In today's evolving workplace landscape, two crucial federal laws continue to play a significant role in promoting equality and opportunity: Section 503 of the Rehabilitation Act and the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA). Let's dive into what these laws entail and why they matter. 

Title VII of the Civil Rights Act requires employers, upon request, to reasonably accommodate employees whose religious beliefs, practices, or observances conflict with work requirements. The only exception to this would be if the accommodation request causes undue hardship.  

One holiday where employers may be asked for religious accommodations is during Ramadan. This year, Ramadan begins on the evening of Friday, February 28, 2025, and ends Saturday, March 29, 2025. Employers may start to receive requests for religious accommodations and should be aware of the Title VII requirement to grant accommodation requests. 

Federal contractors are facing a new compliance horizon with the rescission of EO 11246. As regulatory expectations change, it's critical for HR professionals to understand the distinctions between Diversity, Equity, and Inclusion (DEI), Affirmative Action, and Non-Discrimination in Employment- terms that carry significant weight in compliance discussions. OutSolve is here with a webinar to help you break down these differences and get your questions answered.

The start of a new year is a crucial time for businesses to examine policies, streamline operations, and set strategic goals. It’s also an ideal time to make sure your labor law posters are up to date and reflect any changes to laws that recently took effect. In 2024 alone, over 120 updates to employment and labor laws took effect, underscoring the importance of maintaining current posters.  

A lot has happened in the federal contractor community since the Inauguration on January 20, 2025. OutSolve founder and CEO, Jeremy Mancheski, and Senior Vice President of Operations, Vickie LeNormand, sat down to break down what has happened and what it means for you.  

Jeremy has been in the industry for more than 30 years and urges all to think of these changes as “a whole bunch of headlines, without a lot of story.”

This statement is from the foremost leading firms in affirmative action compliance. These organizations have supported federal contractors for over two decades. Through this statement, these firms offer expert guidance on how to navigate new requirements under Executive Order, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

On January 21, 2025, President Trump issued a new executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” bringing significant changes to the affirmative action obligations of federal contractors and subcontractors. This directive shifts the focus from traditional affirmative action mandates to emphasizing anti-discrimination and merit-based practices. Its objective is to uphold federal civil rights laws through anti-discrimination enforcement.

This year presents a new set of challenges in ways HR professionals have never faced before. With the new administration, changing regulations, questions around enforcement and new workforce attitudes, HR professionals have a lot of trials ahead. Staying informed and proactive has never been more important and we’ve identified several crucial areas in employment law that require your attention in 2025. 

Keith Sonderling, former Commissioner of the U.S. Equal Employment Opportunity Commission, was named by President-elect Donald Trump as his pick for deputy secretary of the U.S. Department of Labor on January 14. Sonderling will be second-in-command under the previously announced Lori Chavez-DeRemer.

Starting in 2025, a significant aspect of the "Frances Perkins Workplace Equity Act" requires employers to submit annual compensation reports to the Commonwealth of Massachusetts. This process will occur via its online portal, which is now live. On July 31, 2024, Massachusetts Governor Maura Healey enacted this legislation, which introduces new requirements for pay transparency and workforce data reporting. These initiatives are designed to enhance workplace equity and offer deeper insights into workforce demographics. An updated FAQ has been published on the Mass.gov website, offering clearer guidance on the expectations for annual reporting for Massachusetts pay data.

Metairie, LA- OutSolve, a leading provider of employment compliance solutions, announces its acquisition of North Carolina-based AAP Consultants LLC. This strategic move marks OutSolve’s 17^th acquisition in the niche human resources compliance industry over the last five years.

Updated: January 23, 2025

Ensuring your business stays compliant with federal and state regulations is essential for all HR professionals. Missing a filing deadline or form submission can be costly in many ways to your company. To meet this challenge, we're giving you the tools you need to stay up-to-date on your 2025 calendar and keep all your to-dos in one place. Resources for updates on pay transparency, OFCCP compliance and much more are here in one place for you. Let's get started to kick off your 2025 on the right foot!

As the year draws to a close, it's important to remember that planning the budget for 2025 encompasses much more than just payroll, benefits, and reporting. As an HR leader, it's crucial to consider both current and upcoming legal requirements and to anticipate potential changes in compliance laws for 2025. Even if your budgets are already drafted, this serves as a gentle reminder to include essential requirements and vital risk-prevention measures that protect your company from non-compliance. 

Starting January 1, 2025, Illinois will require enhanced pay transparency requirements. These changes align Illinois with a growing trend across the U.S. aimed at promoting pay transparency in hiring practices. Here's a breakdown of what this means for employers.

On November 20, 2024, the Office of Federal Contract Compliance Programs (OFCCP) published its FY 2025 Corporate Scheduling Announcement List (CSAL) notifying 2,000 federal contractors and subcontractors about upcoming compliance reviews, giving them an opportunity to prepare before receiving an official scheduling letter.

The Office of Federal Contract Compliance Programs (OFCCP) has launched a new Freedom of Information Act (FOIA) request for federal contractors' 2021 Type 2 Consolidated EEO-1 Reports. This request follows a similar action taken in 2022, which targeted 2016-2020 data. Contractors now have until December 10, 2024 to file objections if they believe their reports contain sensitive information that they wish to keep private.

OutSolve’s EEO colleague, Toni Ahl, is an occasional contributor to our blog. The views, thoughts, and opinions expressed in this article belong solely to Toni and do not necessarily reflect the viewpoint of OutSolve or its employees.

We are thrilled to announce that OutSolve has once again been honored with UKG's prestigious Diversity, Equity, Inclusion, and Belonging (DEIB) Ally Partner badge for the second year in a row. This recognition reinforces our commitment to driving meaningful change in workplaces by promoting a culture where diversity, equity, equality, and belonging are foundational pillars. OutSolve is one of only 18 UKG partners receiving the award this year. The DEIB Ally badge was created to highlight partners that excel in delivering value to UKG customers in the DE&I space and OutSolve's application clearly defined our efforts as stand out in this area. 

The Office of Federal Contract Compliance Programs (OFCCP) in introducing new compliance requirements for construction contractors with the release of the updated Construction Scheduling Letter and Itemized Listing and the reinstatement of Form CC-257. These changes will significantly increase data reporting obligations for federal contractors, especially those in construction, and even certain supply and service contractors that also do construction work.

The Office of Federal Contract Compliance Programs (OFCCP) announced two significant leadership appointments filling the open positions of Director of Division of Program Operations and Southeast Regional Manager.

Post Updated: December 17, 2024:

New Jersey's Pay Transparency Law Takes Effect June 2025

New Jersey has joined the growing list of states advancing pay transparency with Governor Phil Murphy signing Senate Bill 2310 into law effective June 1, 2025. This law will require employers (including consulting firms, job placement, referral, and employment agencies) with at least 10 employees over 20 calendar weeks to disclose salary ranges and general benefits in job postings, whether internal or external.

OutSolve’s EEO colleague, Toni Ahl, is an occasional contributor to our blog. The views, thoughts, and opinions expressed in this article belong solely to Toni and do not necessarily reflect the viewpoint of OutSolve or its employees.

Maryland's new wage transparency law (SB 525/HB 649) is in force as of October 1, 2024 and requires all public and private employers to include detailed compensation information in all job postings, internal and external. The law covers positions performed at least partially in Maryland, including remote and hybrid roles. There is no minimum employee requirement for coverage under this law. OutSolve offers a helpful Maryland Pay Equity Checklist (see below) to assist you in complying with this new law.

In just a few days, HR Gumbo is set to make headlines in New Orleans. We couldn't be more excited to welcome all our guests and attendees to the Big Easy for some spicy experiences. This one-of-a-kind event brings together HR professionals, compliance experts, and inspirational thought leaders from across the country for an unforgettable experience, packed with knowledge sharing, networking, and, of course, a lot of NOLA-style fun.

We're excited to announce the launch of OutSolve's newest podcast series, OutRageous HR, where we dive into today's most pressing HR and compliance issues with top experts from near and far. In each episode, we'll tackle topics that impact your day-to-day responsibilities, offering practical advice and actionable insights.

OutSolve proudly announces its acquisition of Labor Law Center, a premier provider of labor law compliance services, specializing in labor law posters. This acquisition marks OutSolve's sixteenth in a series of strategic expansions, as the company continues to enhance its comprehensive suite of offerings.

On September 3, 2024, the Office of Federal Contract Compliance Programs (OFCCP) brought in Anupa Iyer Geevarghese as its new Deputy Director. Geevarghese steps into this role with a wealth of experience in both public and nonprofit sectors, particularly in advocating for individuals with disabilities. Her previous role as the Chief of Staff at the Office of Disability Employment Policy (ODEP) highlights her deep-rooted commitment to improving employment opportunities for people with disabilities, a focus she is likely to carry forward at the OFCCP.

Are you ready for a sneak peek into the dynamic, flavorful world of HR? No matter if you're a seasoned professional or a rising star in your company's HR department, you're invited to "A Taste of HR Gumbo," an exciting, free webinar hosted by the masterminds behind the upcoming HR Gumbo Conference.

OutSolve’s EEO colleague, Toni Ahl, is an occasional contributor to our blog. The views, thoughts, and opinions expressed in this article belong solely to Toni and do not necessarily reflect the viewpoint of OutSolve or its employees.

Time is running out! HR Gumbo, the industry's only event of its kind, is fast approaching and you don't want to miss out. With the event scheduled for October 21-24, 2024, at the historic Higgins Hotel, official hotel of the World War II Museum, spaces are selling out rapidly. Don't let this unique opportunity slip through your fingers- register today before it's too late! Only a few spaces remain!

When it comes to complying with VEVRAA obligations, federal contractors are often stalled by job listings as one of the most common areas of non-compliance during audits. Missteps in this area not only raise red flags but can also invite unwanted scrutiny from compliance officers. We are partnering with DirectEmployers to cover this important topic in our upcoming webinar on September 18.

OutSolve’s EEO colleague, Toni Ahl, is an occasional contributor to our blog. The views, thoughts, and opinions expressed in this article belong solely to Toni and do not necessarily reflect the viewpoint of OutSolve or its employees.

Three of the statuses that the Equal Employment Opportunity Commission (EEOC) enforces include the furnishing of reasonable accommodation for employees who request accommodations. Providing a reasonable accommodation is an affirmative duty for employers unless doing so would create an undue hardship. The statutes are Title VII of the Civil Rights Act of 1964, as amended (Title VII), the Americans with Disabilities Act of 1990, as amended (ADA) and the Pregnant Workers Fairness Act (PWFA).

The HR compliance industry is about to get a whole lot spicier, thanks to an exciting announcement from HR Gumbo. Attendees are in for a treat as the dynamic duo, Chad Sowash and Joel Cheesman- better known as Chad and Cheese- will be joining the lineup. For those familiar with their wildly popular podcast, Chad & Cheese, this news is reason enough to secure your spot at HR Gumbo. But for those who aren't acquainted with them, let's dive into why this is such a big deal and what makes their presence at HR Gumbo something you won't want to miss.

The 2024 VETS-4212 reporting platform has officially opened as of August 1, 2024, with a filing deadline of September 30, 2024. While this annual reporting requirement may not generate the same buzz as EEO-1 reports, it remains a crucial compliance step for federal contractors and subcontractors.

On July 31, 2024, Massachusetts Governor Maura Healey signed the "Frances Perkins Workplace Equity Act," a significant step towards pay transparency in the state. This new legislation imposes crucial requirements on employers, aimed at promoting fair pay practices and reducing wage disparities.

HR Gumbo is not just another conference; it's an immersive experience designed for HR professionals seeking to enhance their knowledge, network with peers, get inspired, and gain actionable insights. This is your chance to dive into innovation and forward-thinking approaches to HR Compliance, AAP, Pay Equity, DEI, and labor law. Additionally, you’ll be treated to the finest New Orleans cuisine and fantastic music and entertainment in a city that knows how to host its guests. 

In a landmark move, the Massachusetts legislature has passed a significant bill promising to bring a new level of transparency to the hiring process. The bill, known as an Act Relative to Salary Range Transparency, requires employers with 25 or more employees to disclose salary ranges when posting job positions. This legislation is set to make Massachusetts the eleventh state to mandate such pay transparency, a step that many believe will help close the gender and racial wage gap.

We've made it easy for you to navigate what steps to take: skip right to Actions Massachusetts Employers Should Take Now

OutSolve is thrilled to announce that DirectEmployers has joined HR Gumbo as a Garden District level sponsor, embracing this vibrant, innovative event in New Orleans. As an organization dedicated to enhancing talent acquisition and promoting diversity and inclusion, DirectEmployer's premier sponsorship underscores their partnership with OutSolve and commitment to fostering a more equitable and inclusive workplace environment and promoting the best in HR leadership. See DE's Executive Director, Candee Chambers, talk about their involvement in HR Gumbo:

OutSolve’s EEO colleague, Toni Ahl, is an occasional contributor to our blog. The views, thoughts, and opinions expressed in this article belong solely to Toni and do not necessarily reflect the viewpoint of OutSolve or its employees.

Are you ready to mix it up with industry leaders and immerse yourself in a vibrant, flavorful blend of knowledge, inspiration, and innovation? Look no further than OutSolve’s 2024 HR Gumbo Conference! This year's event happening October 21-24 promises to be an unforgettable experience, combining the rich cultural tapestry of New Orleans with cutting-edge insights in HR Compliance, AAP, DEI, Pay Equity and labor law. Here’s everything you need to know about why you should attend.

Imagine stumbling upon your current job being advertised online with a juicier paycheck than yours. That's exactly what happened to one woman in New York City last year. She saw a role very similar to hers on LinkedIn, but with a higher salary, and thought, "Why not apply?"

The upcoming HR Gumbo conference in New Orleans is designed to inspire HR professionals from organizations of all sizes. Whether you're part of a large HR team or a sole HR practitioner in a small business, HR Gumbo has something for everyone. This year's conference features two standout sessions tailored to meet the diverse needs of HR professionals: "Driving Success: The Three A's of Solo HR" and "Flow Beyond Compliance."

As an HR leader, embarking on the pay equity journey isn't just a regulatory obligation — it's an opportunity to align your human resources practices with your organization's deepest values of fairness and transparency. This journey will challenge you to scrutinize and refine your compensation strategies, ensuring that every employee's pay is not only compliant with the law but is also a true reflection of their value and contribution to the company.

HR Gumbo will kick off with a bang! The first super session of the conference "Headwinds and Tailwinds: Learn What's Influencing Change" will bring together expert presenters from across the nation to share insights on navigating the complex interplay of factors impacting affirmative action, pay equity, and workplace culture. As we stand at the 2024 crossroads of societal shifts, a heated political election, and important regulatory changes, understanding these 'headwinds' and 'tailwinds' is more important than ever.

OutSolve is thrilled to announce that we have been named a Top Work Place in New Orleans for the 6th year in a row by the NOLA Times-Picayune.

The Office of Federal Contract Compliance Programs (OFCCP) has been a pivotal force in ensuring equitable access to good jobs in the construction industry, particularly through its Mega Construction Project Program (Megaproject). This initiative, relaunched in March 2023, aims to foster equal opportunities and support diverse hiring practices on large, federally funded construction projects. As of April 25th, 2024, the program has expanded significantly, designating 16 additional projects as Megaprojects and bringing the total to 40.

Join OutSolve on Wednesday, July 17 for a live webinar, "Laying the Groundwork: Building Pay Equity from the Start" as experts discuss how to build a strong foundation for pay equity in the workplace. Attendees will experience an insightful webinar dedicated to establishing a foundation of pay equity within their organization from the start. Our compensation experts will dive into the essentials of pay equity, providing you with actionable strategies and best practices to ensure that your compensation framework is fair and unbiased from the outset.​

The Office of Federal Contract Compliance Programs (OFCCP) has released new resources to aid federal contractors and subcontractors in complying with the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). VEVRAA mandates that these contractors must not discriminate against veterans in their employment practices and must provide equal employment opportunities in recruitment, hiring, promotion, and retention. These resources are aimed at assisting companies comply with their VEVRAA requirements.

The HR Gumbo Conference is just around the corner, and artificial intelligence (AI) is set to take center stage as a key focus. Among the many sessions lined up, two important presentations promise to offer profound insights into how AI is reshaping talent acquisition and fostering workplace inclusivity for people with disabilities (PWD).

Pay transparency laws continue to gain traction in the United States as a measure to address the persistent gender pay gap and promote fair compensation. By shedding light on compensation practices, pay transparency empowers employees to make informed career decisions and encourages employers to conduct fair and equitable pay practices. Many employers are also adopting the principles of pay transparency for strategic reasons, as a way to strengthen and differentiate their talent practices.

OutSolve is teaming up with DirectEmployers for a webinar titled "Everything You Want To Know About Applicant and Employee Self-Identification" on Thursday, June 20 at 2pm ET. This presentation will feature a practical discussion on how to effectively persuade applicants and employees to self-identify their race, sex, national origin, disability, and Protected Veterans' statuses, efficacy of the use of “visual identification” vs. “self-identification,” where and how to store employee identification data, and what protected groups federal contractors should encourage to report. Becky Crowder, Sr. Consultant, will represent OutSolve, highlighting our partnership’s ability to offer comprehensive compliance strategies and thoughtful solutions to complex challenges. 

The Office of Federal Contract Compliance Programs (OFCCP) recently sent out a reminder to all covered federal contractors and subcontractors to certify their compliance with Affirmative Action Program (AAP) requirements through the Contractor Portal by the July 1, 2024 deadline.

The Office of Federal Contract Compliance Programs (OFCCP) just published its latest Corporate Scheduling Announcement List (CSAL) for supply and service contractors. These evaluations may take the form of an Establishment Review, Corporate Management Compliance Evaluation (CMCE), Functional Affirmative Action Program (FAAP) Review, or University Review.

Starting in late 2024 and early 2025, Minnesota and Maryland will implement new pay transparency laws requiring employers to include detailed compensation information in job postings. These laws are part of a growing trend aimed at promoting wage transparency and preventing wage discrimination. Here's a breakdown of what employers in these states need to know to ensure compliance.

The U.S. Equal Employment Opportunity Commission (EEOC) has recently taken legal action against 15 employers in 10 states for failing to submit their mandatory EEO-1 Component 1 data reports for 2021 and 2022. The employers include companies from the retail, construction, restaurant, manufacturing, logistics, and service industries.  

Hold onto your seats because HR Gumbo just got a major boost of adrenaline! We’re pleased to announce that Elizabeth McCormick, the extraordinary former U.S. Army Black Hawk Pilot, is gracing our stage as a featured keynote speaker. Elizabeth brings a unique blend of military precision and motivational insight, offering transformative leadership lessons grounded in her extensive experience both in the military and as a corporate trainer.

In recent years, pay transparency has gained traction as a strategy to address pay discrimination and promote a fairer workplace. Advocates argue that making pay information openly accessible can highlight and rectify disparities, particularly gender-based pay gaps. However, while pay transparency can foster trust and improve organizational morale, it also carries potential downsides that organizations need to navigate carefully.

As the deadline for filing the 2023 EEO-1 Component 1 reports approaches, it's crucial for employers to ensure accuracy in their submissions. Filing errors can significantly impact OFCCP compliance efforts. The deadline to file 2023 EEO-1 reports is June 4, 2024, and the failure to file deadline is July 9, 2024. The Equal Employment Opportunity Commission (EEOC) opened the 2023 EEO-1 Component 1 data collection on April 30, 2024, hoping to encourage eligible filers to start the filing process early.

One of the many fantastic experiences attendees of HR Gumbo will enjoy is an unforgettable journey back in time to celebrate veterans at the prestigious World War II Museum in New Orleans. This evening party will include the delicious Creole cuisine of New Orleans, musical entertainment, live artwork activities, and networking with colleagues in a historic setting. This event takes place on the evening of October 23^rd giving attendees a truly memorable experience on the final night of the HR Gumbo conference.

We are pleased to announce that General Russel Honoré, a decorated 37-year army veteran and global authority on leadership and emergency preparedness, will be a featured keynote speaker at HR Gumbo. Known as the "Category 5 General" for his leadership during post-hurricane Katrina New Orleans, General Honoré offers invaluable insights into effective leadership in the 21st century. He is a straight talker giving common sense advice based on a lifetime of military leadership.

OutSolve’s EEO colleague, Toni Ahl, is an occasional contributor to our blog. The views, thoughts, and opinions expressed in this article belong solely to Toni and do not necessarily reflect the viewpoint of OutSolve or its employees.

May is Mental Health Awareness Month. Since the pandemic began, mental health has been a frequent topic in the workplace and beyond. Some of the issues brought on by the pandemic, like people feeling isolated, affected almost everyone. People were encouraged to seek help if they had issues which were exacerbated by the pandemic.

In a significant move towards workplace equity, the U.S. Equal Employment Opportunity Commission (EEOC) has introduced regulations to implement the Pregnant Workers Fairness Act (PWFA). Effective June 18, 2024, these regulations mandate that employers provide reasonable accommodations not only for pregnancy but also for related medical conditions. Here's a concise guide for employers on navigating these new requirements and understanding how they compare to the Americans with Disabilities Act (ADA) and Section 503 of the Rehabilitation Act (Section 503).

Get Ready for a Flavorful Event in New Orleans- HR Gumbo Conference!

We are thrilled to announce the most anticipated event in the world of HR Compliance: HR Gumbo 2024! Join us in the vibrant city of New Orleans from October 21-24 for a conference packed with exciting, flavorful experiences: forward-looking insights on AAP, DEI, and Pay Equity, networking with industry leaders, and the iconic food of New Orleans.

President Biden's Executive Order signed six months ago marks a pivotal moment in America's approach to Artificial Intelligence (AI). This directive not only embraces AI's potential but also prioritizes the management of its risks. With a clear focus on safety, equity and innovation, federal agencies were tasked with safeguarding workers' rights, protecting consumers, and upholding civil rights amidst the widespread adoption of AI technologies.

In a move toward greater inclusivity and accuracy, the White House recently unveiled revisions to a federal race and ethnicity reporting standards. These updates, outlined in Statistical Policy Directive No.15 (SPD 15) mark the first significant changes since 1997 and reflect a concerted effort to modernize data collection practices across federal agencies.

Metairie, LA –OutSolve, a leading provider of employment compliance solutions, was named the winner of a Gold Stevie® Award in the Achievement in Growth category and a Silver Stevie® Award in the Company of the Year- Business & Professional Services category in the 22nd Annual American Business Awards® on April 25, 2024.

The U.S. Equal Employment Opportunity Commission (EEOC) has released its Annual Performance Report (APR) for fiscal year 2023, providing insights into its efforts to promote equal employment opportunities and combat discrimination in the workplace.

The U.S. Equal Employment Opportunity Commission (EEOC) recently released the 2023 EEO-1 Component 1 Instruction Booklet, along with data file upload specifications, signaling the start of the reporting season. This annual mandate requires private sector employers with 100 or more employees and federal contractors with 50 or more employees to submit workforce demographic data. Here's a breakdown of the latest updates and how they impact employers and government contractors.

The March release of the EEO-1 Component 2 dashboard by the Equal Employment Opportunity Commission (EEOC) has sparked a new wave of interest in U.S. pay gaps and potential concerns for businesses. This new data portal allows users to explore pay data from large employers across various industries, broken down by race, ethnicity, gender, and job category. The data from 2017 and 2018 EEO-1 collections offers unprecedented transparency into workforce demographics and compensation practices.

OutSolve’s EEO colleague, Toni Ahl, is an occasional contributor to our blog. The views, thoughts, and opinions expressed in this article belong solely to Toni and do not necessarily reflect the viewpoint of OutSolve or its employees.

We are excited to share fantastic news. During the 2024 Riverside Leadership Summit in Orlando, FL, OutSolve was honored with the distinguished Summit Award by the Riverside Company, a global Private Equity powerhouse. This award is a beacon of excellence and is reserved for portfolio companies within the Riverside Capital Appreciation Fund (RCAF) that have shown exceptional growth.

The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has set a new benchmark for the Vietnam Veterans' Readjustment Assistance Act (VEVRAA) hiring requirements in 2024. This benchmark is crucial for federal contractors and subcontractors to measure their progress in ensuring equal employment opportunities for protected veterans. Let's delve into what this means for contractors and how they can navigate these changes effectively.

Discussions surrounding gender disparities in various aspects of life have become increasingly prevalent. One critical area where these disparities manifest is in income distribution. On March 12, 2024, the Equal Employment Opportunity Commission (EEOC) released a data dashboard featuring the 2017 and 2018 EEO-1 Component 1 pay data. Although not current, this data provides valuable insights into the persistent challenges faced by women in the workforce, shedding light on a reality that demands immediate attention and action.

OutSolve, a leading provider of employment solutions announces today its acquisition of Houston-based Federal Wage and Labor Law Institute (FWLLI), a labor law compliance company that makes it easy for businesses to manage and comply with ever-changing labor law poster requirements.

In the pursuit of fair and equitable compensation practices, jurisdictions worldwide are implementing new laws to promote pay transparency and combat wage disparities. These legislative initiatives aim to address historical inequalities by prohibiting employers from inquiring about an applicant's salary history, disclosing salary ranges in job postings, and restricting the use of pay history in determining compensation. As we delve into the overview of three jurisdictions' upcoming pay transparency laws set to take effect in 2024, we'll examine the specifics of these regulations and their implications for employers and job seekers alike. 

Illinois employers, mark your calendars! The clock is ticking for businesses with 100 or more employees in Illinois as of December 31, 2023, who are required to file an annual Employer Information Report EEO-1 with the U.S. Equal Employment Opportunity Commission (EEOC). By March 24, 2024 these employers must obtain an Equal Pay Registration Certificate (EPRC) to ensure compliance with state regulations.

OutSolve’s EEO colleague, Toni Ahl, is an occasional contributor to our blog. The views, thoughts, and opinions expressed in this article belong solely to Toni and do not necessarily reflect the viewpoint of OutSolve or its employees.

Sex was one of the original bases covered by Title VII of the Civil Rights Act of 1964 (Title VII). The term sex discrimination has evolved throughout the years and now encompasses many additional areas of sex discrimination that Congress had not initially considered. Let’s look at some of the changes.

The Office of Federal Contract Compliance Programs (OFCCP) has unveiled a suite of new resources aimed at fostering understanding and compliance with the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA). VEVRAA mandates federal contractors and subcontractors refrain from discriminatory employment practices against veterans and take proactive steps to ensure equal employment opportunities for protected veterans.

The Office of Federal Contract Compliance Programs (OFCCP) has unveiled significant changes in its approach to auditing construction contractors, aiming to prioritize systemic discrimination investigations. This move marks a substantial shift in the regulatory landscape for the construction industry.

Each year, employers with 100 or more employees and federal contractors/subcontractors with 50 or more employees must file an EEO-1 report with the Equal Employment Opportunity Commission (EEOC). The 2023 EEO-1 Component 1 data collection portal will open on Tuesday, April 30, 2024 and close on Tuesday, June 4, 2024. The data supplied is used by the EEOC and other government agencies for enforcement and research. Filing the report is a legal obligation and is not voluntary. 

In a concerted effort to address disparities and promote fairness in the workplace, the US Department of Labor (DOL) recently unveiled updates to its Equity Action Plan (EAP) for 2023 (DOL press release). Among the notable aspects of this update are specific action items concerning the Office of Federal Contract Compliance Programs (OFCCP) underscoring the agency's commitment to fostering inclusivity and combating discrimination within federal contractor workplaces.

In a recent development concerning the disclosure of EEO-1 reports, the Office of Federal Contract Compliance Programs (OFCCP) filed a Notice of Appeal following an adverse court ruling. As previously reported, OFCCP was directed to release these reports of federal contractors, which it had previously withheld from production in response to a Freedom of Information Action (FOIA) request from the Center for Investigative Reporting.

Cerner will pay $1,860,000 in back pay and interest to 1,870 qualified applicants

As the 2023 California pay data reporting cycle commences, a recent enforcement action by the California Civil Rights Department (CRD) serves as a stark reminder of the consequences for employers who fail to comply with mandated reporting requirements.

President Biden's Executive Order 14069, issued on March 15, 2022, directed the Federal Acquisition Regulatory Council (FAR) to explore limiting or prohibiting Federal contractors from considering job applicants' or employees' past compensation when making hiring decisions. To this end, on December 4, 2023, the FAR submitted a proposal titled "Pay Equity and Transparency in Federal Contracting" to the Office of Management and Budget (OMB) for approval. The proposal was approved by OMB on January 29, 2024, and the FAR released the Notice of Proposed Rulemaking (NPRM), which was published in the Federal Register on January 30, 2024.

OutSolve’s EEO colleague, Toni Ahl, is an occasional contributor to our blog. The views, thoughts, and opinions expressed in this article belong solely to Toni and do not necessarily reflect the viewpoint of OutSolve or its employees.

February is American Heat Month. February is also Black History Month. So, how are these topics related? And, how are they connected to the laws enforced by the Equal Employment Opportunity Commission?

California employers need to gear up for the latest enhancements in pay data reporting in 2024. The state has once again fine-tuned its reporting requirements to promote fair pay and equal opportunities. The reporting portal opened February 1, 2024, and the submission deadline looms on May 8, 2024. It is crucial for California employers to stay informed about the recent changes. Here's a comprehensive update to guide you through the evolving landscape.

In recent legal developments, we delve into two crucial aspects of Equal Employment Opportunity (EEO) reporting and Freedom of Information Act (FOIA) exemptions that have been making headlines. These events shed light on the intricacies of federal reporting requirements and data protection concerns. Let's explore these two significant narratives.

The District of Columbia is becoming the next jurisdiction to address income disparities and gender inequities in the workplace. On December 19, 2023, Bill 25-194, the Wage Transparency Omnibus Amendment Act of 2023, was passed to redefine how employers engage with prospective employees, emphasizing transparency in pay scales and benefits.

OutSolve’s EEO colleague, Toni Ahl, is an occasional contributor to our blog. The views, thoughts, and opinions expressed in this article belong solely to Toni and do not necessarily reflect the viewpoint of OutSolve or its employees.

It is crucial for companies to regularly reinforce their policies regarding non-discrimination, harassment, and retaliation. This training should be conducted annually for managers and supervisors, and at least every other year for employees.

Metairie, LA- OutSolve, a leading provider of affirmative action compliance solutions, is pleased to announce it has been awarded the DEI&B Ally Badge by UKG (Ultimate Kronos Group). This prestigious recognition underscores OutSolve’s unwavering commitment to diversity, equity, inclusion, and belonging (DEI&B) in the workplace.

Join OutSolve on Wednesday, January 24, to discuss what the future of OFCCP compliance will look like in 2024 and beyond. OutSolve CEO and Founder, Jeremy Mancheski, and Sabine Pauyo, Sr. Sales Consultant, will provide valuable insights into pivotal shifts in federal compliance which you need to know. Register now for this webinar to be part of the conversation.

The Office of Federal Contract Compliance Programs (OFCCP) has recently made significant updates to its Frequently Asked Questions (FAQs) sections, particularly concerning federal contractors engaged in construction projects. These updates clarify compliance obligations when one contract covers both Construction and Supply and Service work.

The Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register, along with a 12-page supporting document, focusing on the renewal of the information collection for the Contractor Portal interface, previously known as the "Affirmative Action Program Verification Interface."

The signing of SB-23-105 by Governor Jared Polis on June 5, 2023, marked a significant moment for Colorado's Equal Pay for Equal Work Act. These amendments, effective January 1, 2024, are aimed at promoting greater pay transparency and fairness in the workplace. They not only extend the statute of limitations for wage discrimination claims but also introduce new mandates for the Colorado Department of Labor and Employment (CDLE) in handling these claims. On September 23, 2023, the CDLE released the proposed Equal Pay Transparency Rules (EPT Rules), which were officially adopted on November 9, 2023.

In the realm of federal contracting, adherence to affirmative action regulations is not just about implementing policies but also about meticulous record-keeping. The Office of Federal Contract Compliance Programs (OFCCP) mandates that federal contractors and subcontractors maintain comprehensive employment and personnel records. This requirement is a cornerstone of compliance reviews and is crucial in demonstrating adherence to affirmative action laws.

The Equal Employment Opportunity Commission (EEOC) set December 5, 2023, as the reporting deadline to submit and certify the mandatory 2022 EEO-1 Component 1 reports. However, EEOC announced that it is giving employers an extension until January 9, 2024. This "Failure to File deadline" will apply to any employer who missed the original December 5 deadline.

On October 30, 2023, President Joe Biden's executive order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI) set a new trajectory for the responsible implementation of AI technologies, particularly in the labor and employment sector. This groundbreaking directive represents a concerted effort to balance the transformative potential of AI with its inherent risks.

OutSolve’s EEO colleague, Toni Ahl, is an occasional contributor to our blog. The views, thoughts, and opinions expressed in this article belong solely to Toni and do not necessarily reflect the viewpoint of OutSolve or its employees.

Although this time of the year is joyous for some people, for others it is anything but. There are many reasons why this season may be hard for some people. Stress due to unrealistic expectations may affect anyone. It is probable that we may experience anxiety about some part of the holidays. However, the holidays may be particularly hard for those who are substantially limited in their daily activities due to depression.

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.

OutSolve's workforce inclusion partner, Inclusively, is an occasional contributor to our blog. The views, thoughts, and opinions expressed in this article belong solely to Inclusively and do not necessarily reflect the viewpoint of OutSolve or its employees. The following post was previously released on Inclusively's blog.

Most employees want their companies to be flexible, accommodating, and inclusive. They want a culture that reflects their highest aspirational values. They want a workforce that’s diverse and includes disabled workers. Companies want employees to work in the way that allows them to bring their full selves to the job — and, in turn, to be more productive. But they may be hesitant or see obstacles in the way, particularly if they’re a large company.

OutSolve’s EEO colleague, Toni Ahl, is an occasional contributor to our blog. The views, thoughts, and opinions expressed in this article belong solely to Toni and do not necessarily reflect the viewpoint of OutSolve or its employees.

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).

Metairie, LA- OutSolve, a leading provider of affirmative action compliance solutions, joins forces with Inclusively, a workforce inclusion platform helping employers target candidates with disabilities to support federal contractors’ compliance requirements. Inclusively uses AI-driven, matching algorithms to recommend skilled candidates for jobs posted within applicant tracking systems.

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.

Beth Montgomery, Sr. Director of Operations, and Renee Arazie, Sr. Consultant will be teaming up with OutSolve's partner, DirectEmployers, on Tuesday, November 14 to discuss the ways your affirmative action plan can benefit from an effective talent acquisition process.

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.

OutSolve’s EEO colleague, Toni Ahl, is an occasional contributor to our blog. The views, thoughts, and opinions expressed in this article belong solely to Toni and do not necessarily reflect the viewpoint of OutSolve or its employees.

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.

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).

Metairie, LA- OutSolve, a leading provider of affirmative action consulting services, announces that Lisa Elting has joined the company as Enterprise Development Executive. Lisa will be responsible for growing OutSolve’s business at the highest level, promoting HR compliance consulting services to the largest employers in the United States.

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.

OutSolve’s EEO colleague, Toni Ahl, is an occasional contributor to our blog. The views, thoughts, and opinions expressed in this article belong solely to Toni and do not necessarily reflect the viewpoint of OutSolve or its employees. 

On August 11, 2023, Governor J.B. Pritzker of Illinois signed a new law that will bring about important changes to the Illinois Equal Pay Act (IEPA). This amendment focuses on pay transparency in job postings and will have a significant impact on employers in the state.

On August 25, 2023, The Office of Federal Contract Compliance Programs (OFCCP) announced the release of its updated Combined Scheduling Letter and Itemized Listing. As previously reported, the new Scheduling Letter and Itemized Listing expand the range of information contractors must submit from 22 to 26 comprehensive categories of materials which are now required within 30 days of receiving the Scheduling Letter. OFCCP's policy only allows extensions to this deadline in "extraordinary circumstances" as defined in the Frequently Asked Questions linked here.

OutSolve will host a webinar discussing the updates to the scheduling letter on Thursday, October 12. You are invited to register for the event here.

The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) released a finalized regulation called "Pre-enforcement Notice and Conciliation Procedures" on August 4, 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. 

At its best, artificial intelligence is the world’s most informative and efficient assistant.The ability to gather information, lend knowledge, sort data, source figures, and scale endlessly at a moment’s notice is an employer’s dream. But, as contractors learned at the NILG Conference, the federal government foresees a significant risk to equal employment opportunity if the technology is embraced too quickly or haphazardly. AI has the potential to both exacerbate and mitigate discrimination in hiring, depending on how it is developed and deployed.

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.

Metairie, LA- OutSolve, a leading provider of affirmative action consulting services, announced today Michael Mercuri has joined the company as Director of Revenue Operations. Michael will be responsible for the aligning and scaling of the systems and processes of the commercial teams to drive revenue predictability and achieve revenue growth. His contributions will contribute to the company’s overall growth, which has more than doubled over the last few years.

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.

OutSolve is pleased to share that our own pay equity expert participated in this year’s HR.com report on the state of pay equity. The report compiles, examines, and analyzes responses from HR professionals from every industry worldwide, mostly from North America. 

OutSolve's "Day of MiniSolvers" was a celebration of creativity and family ties on August 8, 2023. The event, held in both the Mt. Pleasant, SC and Metairie, LA offices, brought together employees and their young loved ones for a day of fun-filled activities that ranged from painting to professional skill-building sessions.

OutSolve’s EEO colleague, Toni Ahl, is an occasional contributor to our blog. The views, thoughts, and opinions expressed in this article belong solely to Toni and do not necessarily reflect the viewpoint of OutSolve or its employees.

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. 

The mission of the ADA and Section 503 is to help employers build more equitable, inclusive organizations that value the contributions of individuals with disabilities.The Americans with Disabilities Act (ADA) was passed 33 years ago to protect individuals with disabilities against discrimination in their public life, including jobs, schools, transportation, and all public and private places. Government contractors are obligated to adhere to both the ADA and Section 503 of the Rehabilitation Act of 1973. Section 503 prohibits federal contractors from discriminating against individuals with disabilities and requires affirmative action programs to recruit, hire, promote and retain individuals covered by the act. 

OutSolve’s EEO colleague, Toni Ahl, is an occasional contributor to our blog. The views, thoughts, and opinions expressed in this article belong solely to Toni and do not necessarily reflect the viewpoint of OutSolve or its employees. 

Employers are increasingly disclosing pay ranges now based on new pay transparency laws. Though not required in all states, many employers including CPA firms, are using the pay transparency practice to attract and retain talent.

Hawaii is the latest state to require disclosure of wage or salary pay ranges in job listings.

Creating inclusive workplaces is critical for any employer that wants to make the most from its talent. This means building an environment where everyone feels they belong and feels open to making requests and contributing ideas.

The Equal Employment Opportunity Commission (EEOC) has recently announced a tentative opening for the 2022 EEO-1 Component 1 data collection. The new timeframe is set for the Fall of 2023 per EEOC’s announcement. This new timeframe is yet another change from the mid-July date announced in February 2023, and the original expected date of April 2023.

Contractors with registered and certified AAPs or who contacted the OFCCP Contractor Portal by June 29 are within compliance.

New laws put a significant burden on NYC employers using automated employment decision tools in the internal and external selection process. 

OutSolve is pleased to share that we have been named a Top Work Place in New Orleans for the 5th year in a row by the NOLA Times Picayune.

The Supreme Court recently addressed the subject of Affirmative Action in higher education, creating a flurry of confusing headlines about the topic and the practical implications of the decision.

OutSolve, a leading provider of affirmative action consulting services, announced today the appointment of Gregory Rosenstein as the company’s new Chief Financial Officer (CFO). With an extensive background in finance, Gregory will play a crucial role in advancing the financial strategy of OutSolve and driving sustainable growth.

New York makes substantial changes to its policy and training requirements and both New York and Chicago require annual sexual harassment training.

The Ensure Equal Pay for Equal Work Act further defines and clarifies the difference between career progression and job opportunities.

Construction contractors with contracts over $10,000 were selected, but OFCCP will exhaust prior CSAL lists before selecting contractors from this new list.

Guidance identifies how the DOL views the PUMP Act and addresses break schedules, space needs, and new poster requirements.

Employers should conduct prior and ongoing assessments of adverse impact when using AI tools in the hiring, promotion, and termination process.

Columbus joins Toledo and Cincinnati in banning questions about salary history, but does not require sharing wage information as a condition of employment.

For quite some time, retaliation has been one of the most alleged bases in charges of employment discrimination filed with the Equal Employment Opportunity Commission (EEOC). The numbers of the charges just seem to continue to rise. All of the statutes EEOC enforces have non-retaliation provisions. The cause of this phenomenon seems to be a mystery.

Current research shows belief in the significance of pay equity initiatives but points to the absence of leadership and lack of transparency as roadblocks 

NJ Temporary Workers’ Bill establishes guidelines for temporary help service firms and third-party clients to ensure workers receive equal pay.

Federal contractors and subcontractors must begin using the Voluntary Self-Identification of Disability Form for all applicants and employees by July 25, 2023.

Federal contractors’ EEO-1 data was released by OFCCP exposing underrepresentation of women and minorities in high level positions at top companies.

Second notice in the Federal Register changes the public comment period on proposed changes to the OFCCP audit scheduling letter and itemized listing.

In March 2023, Eleanor Holmes Norton introduced two bills addressing pay - the Salary Transparency Act and the Pay Equity for All Act of 2023.

HB3129 was the first amendment to the Illinois Equal Pay Act; House Floor Amendment No 1. to HB3129 imposes stricter job posting requirements on employers.

California enforcement deferral requests only applies to employers with workers supplied by labor contractors completing the Labor Contractor Employee Report.

Many businesses and government agencies are still in the process of bringing employees back into their facilities. There are many reasons why employers want employees to return to their workplaces. In determining who should return to work, employers need to remember that reasonable accommodation requests must be considered.

OFCCP Megaproject briefing for contractors with construction projects over $35 million scheduled for April 19, 2023.

Metairie, LA- OutSolve announces that Torrey Tiburzi, SPHR, has joined the company as a Senior Consultant effective March 13, 2023.

OutSolve is warmly wishing Gina Meyn the best in her retirement which began on March 31, 2023.