Redstone Government Consulting Blog | Human Resources (4)

This article is under review as a result of EO 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, signed by President Trump on January 21, 2025. As we await further information from OFCCP and the courts, please reference this article for current status and action items.

As mentioned throughout this series on Office of Federal Contract Compliance Programs (OFCCP) and Affirmative Action (AA), recordkeeping is essential. A particularly important component when developing your AAP , as shown in a previous blog, is Applicant Flow (i.e., records pertaining to each “applicant”). When working with clients, we find that this tends to be the most complex and often confusing information requested. Following are answers to some of the most common questions we are regularly asked:

Did You Know that Over 60,000 Charges of Workplace Discrimination Were Filed in the Fiscal Year 2021?

When an employer receives an EEOC Charge of Discrimination, they need to take it very seriously and thoughtfully consider how to prepare a response, which is referred to as a Position Statement. Businesses of all sizes need to understand the ramifications of an EEOC Charge, and to establish policies and procedures to respond to charges and to reduce the likelihood of being charged with discrimination, harassment or retaliation. There are a variety of laws enforced by the EEOC, including:

This video and article are the second of a two-part series where we provide an overview of the position of the Department of Labor (DoL) on independent contractor classifications. This series presents a mock audit to give you a first-hand perspective of the types of questions that Department of Labor investigators ask with regard to the all too common issue of whether or not your workers are properly classified under the law. We will provide "red flags" that are often key to the final determination of the Department of Labor and how to address them.

This article is under review as a result of EO 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, signed by President Trump on January 21, 2025. As we await further information from OFCCP and the courts, please reference this article for current status and action items.

We hope that the previous blogs have provided a solid explanation as to what an Affirmative Program is and who the Office of Federal Contract Compliance Programs (OFCCP) is. The requirement to maintain a written plan/s and ensure all action items noted within the plan are being executed can be a daunting task. As we begin to steer away from the basics of what the various requirements and components of a written plan are, we will begin to dive into helpful tips and best practices. As shown in the diagram from a previous blog in this series, the establishment of Job Groups and Activity records are critical to establishing a valid Affirmative Action Plan and are therefore worth focusing on.

This video and article are the first of a two-part series where we provide an overview of the Department of Labor (DoL) position on independent contractor classifications. This series presents a mock audit to give you a first-hand perspective of the types of questions that DoL investigators ask with regard to the all too common issue of whether or not your workers are properly classified under the law. We will provide "red flags" that are often key to the final determination of Department of Labor, and how to address them.

Overview

• The 2021 EEO-1 data collection period closed on May 17, 2022, but there’s still time to file your report if you missed the deadline!
• The Office of Federal Contract Compliance Programs (OFFCP) has released a new Corporate Scheduling Announcement List (CSAL) for Supply and Service Contractors.
• Covered federal contractors must certify their Affirmative Action Plans (AAP) through the OFCCP Contractor Portal by June 30, 2022. Please contact our HR Team if you need assistance with your AAP or the certification process.
• The US House of Representatives passed the CROWN Act on March 18, 2022.
  

This article is under review as a result of EO 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, signed by President Trump on January 21, 2025. As we await further information from OFCCP and the courts, please reference this article for current status and action items.

In the previous blog of this series, we focused on the requirements of federal government contractors (prime and subcontractors) who meet the basic threshold requirements (specific dollar thresholds and fewer than 50 employees). As we progress in this series on OFCCP and Affirmative Action Requirements, we begin to dive into OFCCP’s expectations of a contractor’s Affirmative Action Program (AAP). As a reminder, contractors are required to have an AAP when meeting the dollar thresholds mentioned above and have an employee count of 50 or more.

Overview

• The 2022 Annual Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) national hiring benchmark was recently updated on the VEVRAA Hiring Benchmark Database.
• Component 1 EEO-1 reports are due May 17, 2022. The Redstone GCI HR team can support you with preparing and filing your EEO-1 report. Please contact us today if you are in need of assistance.
• Covered federal contractors must certify their Affirmative Action Plans (AAP) through the OFCCP Contractor Portal by June 30, 2022. Please contact our HR Team if you need assistance with your AAP or the certification process.
• The Office of Federal Contract Compliance Programs issued a new directive (DIR 2022-02) that is intended to promote effective enforcement of the equal employment opportunity laws that the agency enforces.
• The Department of Homeland Security has announced updates regarding the I-9 form and its verification Beginning May 1, 2022, DHS will no longer allow employers to accept expired List B Documents for form I-9 verification. If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update their I-9 forms by July 31, 2022. DHS has provided a helpful table that explains the updated requirements.
• The current version of the I-9 form expires on October 1, 2022. DHS plans to “re-vamp” the form with several goals in mind:
  • Compressing Sections 1 and 2 from two pages to one page to reduce paper use.
  • Moving Section 3 to a separate Reverification and Rehire Supplement.
  • Updating the List of Acceptable Documents to include a link to List C documents (on the U.S. Citizenship and Immigration Services website) issued by DHS.
  • Reducing and simplifying the form's instructions from 15 pages to 7 pages.
  • Removing electronic PDF enhancements to ensure that the form can be completed on all electronic devices. 
• It is expected that the US Department of Labor (DOL) will publish a proposed overtime rule in the very near future.
• An Appeals Court recently upheld a COVID-19 Vaccination Directive that requires federal workers to be vaccinated.
• EEOC leaders recently discussed four areas that they aim to focus on in 2022. These areas include:
  • COVID-19 Mandates
  • Diversity and Tech
  • DEI Demographics Audits
  • Disability Rights
• The EEOC recently released a technical assistance document regarding Caregiver Discrimination due to the COVID-19 Pandemic.
  

This article is under review as a result of EO 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, signed by President Trump on January 21, 2025. As we await further information from OFCCP and the courts, please reference this article for current status and action items.

The last blog in this series focused on who (what) OFCCP is, what they require of contractors of various sizes and why compliance is important. Now we want to provide a bit more clarity as to what these requirements are and later in the series, how those requirements impact your processes and policies.