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As mentioned last month, President Trump signed  Executive Order (EO) 13950 on 9/22/20 seeking to end what is characterized in the Order as "training sessions based on race and sex stereotyping and scapegoating" in the federal workforce, the Uniformed Services, and among federal contractors. A full copy of the Order may be viewed here and our recent Blog on this EO may be accessed here.
  • As directed under this EO, the Office of Federal Contract Compliance Programs (OFCCP) published a Request for Information (RFI) in the Federal Register, seeking information from federal contractors, federal subcontractors, and their employees regarding diversity and inclusion training, workshops, or similar programming provided to employees. The RFI also requests information about the duration, frequency, and expense of such programming. The RFI is focused on trainings that involve “race or sex stereotyping or scapegoating” and OFCCP states that it will use the information to formulate OFCCP programming and develop compliance assistance to the federal contracting community. Submissions are due by December 1, 2020. Responses to this RFI are strictly voluntary. Contractors and subcontractors should carefully weigh the pros and cons of submitting their diversity and inclusion training materials. Our team is available to assist you in evaluating your existing training programs and whether you should respond to the OFCCP’s RFI.
  • The United States House of Representatives approved the Pregnant Workers Fairness Act (H.R. 2694) on September 17, 2020 by a vote of 329-73. If the bill is passed by the Senate and signed into law by the President, it would make the following practices unlawful for a covered entity to:
    • Not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee, unless the covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of its business;
    • Require a qualified employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation other than any reasonable accommodation arrived at through the interactive process (as in the ADA); 
    • Deny employment opportunities to a qualified employee if the denial is based on the cover entity's need to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee;
    • Require a qualified employee to take leave, paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee; or
    • Take adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee.

The legislation would also prohibit retaliation and coercion and would apply to, among others, employers with 15 or more employees; congressional employing offices; and entities employing state employees.

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Written by Sheri Buchanan

Sheri Buchanan Sheri joined Redstone Government Consulting, Inc. in December 2012 as a Human Resources Consultant. She provides HR consulting services to our customers on a wide range of issues, from specific projects to an ongoing outsourced solution of the human resources function. Sheri has two decades of experience in providing a comprehensive assessment of all areas of HR, including establishing and implementing policies and practices, contract transition efforts/onboarding, and investigations. Sheri’s experience covers a broad spectrum of compensation planning and analysis for total compensation projects, reasonableness assessments including executive compensation, compensation philosophy development, total reward strategies, benefits analysis, market pay and pay equity evaluations. She regularly supports clients with the analysis and mapping of labor categories and the preparation and analysis of wage calculations and supports clients in pricing disputes with DCAA. Sheri has a wealth of experience in navigating the many compliance challenges associated with Service Contract Act and Davis Bacon Act. She has been a valuable resource to our clients in all these areas. She stays abreast of the various requirements of the Department of Labor and, of great importance to government contractors, the Office of Federal Contract Compliance Programs, as well as other federal and state regulations impacting human resources. Professional Experience Prior to joining Redstone Government Consulting, Inc., Sheri served in various roles in the Human Resources arena. While employed by a mid-size government contractor she assisted with database development, recruiting, affirmative action planning and contract proposals. Sheri later became an Employment Specialist with one of the largest employers in Huntsville, where she assisted and led managers in the interpretation and documentation of the progressive disciplinary process, conducted employee investigations and allegations of discrimination, sexual harassment, wrongful discharge and employee disputes, conducted unemployment hearings and conducted new employee orientation. Sheri developed and presented management training, administered facility compensation plan, monitored staffing budgets and wrote job descriptions and handbook revisions.

About Redstone GCI

Redstone GCI is a consulting firm focused on fulfilling the needs of government contractors in all areas of compliance. With a singular mission to help contractors through the multiple layers of “red tape,” we allow contractors to focus on what they do best – support their mission with the U.S. Government. We are home to a group of consultants made up of GovCon industry professionals, CPAs, attorneys, and retired government audit and acquisition professionals.

Our focus and knowledge of audit and compliance functions administered by DCAA and DCMA will always be at the heart of what we do. However, for the past decade, we’ve strategically grown to support other areas of the government contractor back-office with that same level of focus and expertise. We’ve added expertise in contracts management, subcontract administration, proposal pricing, various software systems, HR and employment law, property administration, manufacturing, data analytics/reporting, Grant specialists, M&A, and many other areas. When we see a trend in the needs of contractors, we act to ensure we can provide the best expertise in the market to fulfill those needs.

One thing our clients can be certain of is that with the Redstone GCI Team in your corner, there is no problem too big and no issue too technical for our team to tackle.

Topics: HR Huddle