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OFCCP Issues National Interest Exemption for Certain Contractors Providing Hurricane Florence Relief

On September 17, 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued a National Interest Exemption (NIE) for certain employers that assist in Hurricane Florence relief activities. Under the NIE, contracting agencies will use modified equal employment opportunity (EEO) clauses in contracts entered into specifically to provide Hurricane Florence relief.

If an employer enters into a construction or supply and service government contract that is specifically related to Hurricane Florence relief and incorporates these modified EEO clauses, the employer will not be required to develop affirmative action programs as is generally required by Executive Order 11246, the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA), and Section 503 of the Rehabilitation Act of 1973. However, it is still required to post the Equal Employment Opportunity is the Law notice, keep records as required by the aforementioned laws; and list employment openings with the employment service delivery system (ESDS) as required under VEVRAA.

The National Interest Exemption will apply to relevant contracts entered into through December 17, 2018, and is subject to extension. OFCCP has also posted NIE frequently asked questions on its website.

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About this Author

Of Counsel

Ms. Ewalt is an advocate for employers. She counsels management on employee discipline and discharge decisions. Ms. Ewalt defends employers against allegations of race, age, gender, sexual harassment, national origin, and disability claims pending in state and federal courts. Ms. Ewalt also assists employers in preparing affirmative action plans and in complying with affirmative action regulations.

Ms. Ewalt has successfully represented clients before various governmental agencies, such as the Equal Employment Opportunity Commission and the...