October 19, 2019

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OFCCP Adds to 2019 Rulemaking Agenda

This week the Department of Labor announced its spring 2019 Regulatory Agenda.  Included was an new item from OFCCP that was part of its prior published regulatory agenda.  As OFCCP previously announced in 2018, its planned rule-making agenda for the near future includes rulemaking to address affirmative action obligations for TRICARE providers (slated for May 2019) and contractor’s use of religious exemptions (slated for June 2019).

New to the 2019 agenda, OFCCP has announced it will seeks to create regulations for Procedures to Resolve Potential Employment Discrimination. Currently the only information available on the upcoming rulemaking is that it will seek to

increase clarity and certainty for OFCCP stakeholders, and enhance the agency’s efficiency in remedying employment discrimination.

In a recent public appearance, Director Leen hinted at upcoming rulemaking around OFCCP’s Pre-Determination Notice (PDN) process as articulated in Directive 2018-01. Thus, we anticipate this upcoming procedure-oriented rulemaking will seek to codify the processes outlined in the PDN Directive, among potential others.

Per the agenda, this new rulemaking is expected to be proposed in September of 2019.

We will continue to follow and update this and other developments as they occur.

Jackson Lewis P.C. © 2019

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About this Author

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

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...

303-225-2382
James Mackey, Jackson Lewis Law Firm, Denver, Labor and Employment Law Attorney
Associate

James D. Mackey is an Associate in the Denver, Colorado, office of Jackson Lewis P.C. Mr. Mackey assists government contractors in creating affirmative action plans and defending clients during OFCCP investigations and audits.

During law school, Mr. Mackey interned with the Administrative Conference of the United States (ACUS), Human Rights Campaign, and in the Office of Equal Employment Opportunity Commission (EEOC) Commissioner Chai Feldblum. Mr. Mackey was a member of American University Law Review and participated in the Civil Advocacy Clinic and Mock Trial Honor Society.

303-225-2411