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NILG Webinar Series: OFCCP Policy Update

In another installment of the NILG’s 2020 Virtual Conference Webinar Series, OFCCP’s National Policy team presented updates on the Agency’s directives, regulatory activity, policies and procedure developments.

Director of Policy and Program Development, Tina Williams confirmed “the agency has been busy” and walked attendees through the policy developments and upcoming Agency initiatives.  Highlights of the presentation included:

  1. Announcement that OFCCP will not be extending the COVID-19 National Interest Exemption.  The Agency initiated the exemption in March 2020 in response to the COVID-19 pandemic.

  2.  Update that the Agency is in the process of developing Religious Exemption and Resolution Procedures final rules.  The recently final rule addressing TRICARE providers was also discussed.

  3. Discussion of focused reviews, including the Agency’s completed Section 503 focused reviews, upcoming VEVRAA reviews and development of promotion and religious accommodation focused reviews.  Ms. Williams explained OFCCP is in the process of developing landing pages for these latter types of focused reviews and acknowledged the promotion reviews “will be slightly tricky.”

  4. Acting Deputy Director of Policy, Christopher Seely provided a recap of the Directives OFCCP released in FY 2020

  5. OFCCP intends to continue its Town Hall programs with the introduction of virtual Town Halls on “yet to be determined topics” by the end of the calendar year

  6. The Agency is working on new recognition programs and initiatives, including Closure Letters with Distinction.

  7. Ms. Williams echoed Director Leen’s comments from the webseries Opening Remarks regarding support for the Indian and Native American Employment Rights Program (INAERP)

  8. The Agency is also working on finalizing scheduling letters and audit procedures for construction contractors.

  9. As a final point, the presentation touched on the Agency’s work on  publishing additional technical assistance guides, including a guide for Supply & Service contractors.

To conclude the webinar, Ombusman Marcus Stergio presented on the OFCCP’s Ombuds Service.  To date, the Ombuds Service has handled 85 referrals and is looking forward to handling more.

The NILG’s 2020 Virtual Conference continues in the coming weeks and we will be sure to keep you updated along the way.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 198


About this Author

Laura Mitchell, Jackson Lewis, Management Representation lawyer, Contractual Drafting Attorney

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She represents management exclusively in all areas of employment law, focusing on affirmative action and government contractor compliance.

Ms. Mitchell is a Principal in the firm’s Affirmative Action and OFCCP Defense practice group, representing government and non-government contractors in Office of Federal Contract Compliance Programs (OFCCP) matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming...