October 24, 2020

Volume X, Number 298

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October 23, 2020

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October 22, 2020

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October 21, 2020

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OFCCP Unveils New Race and Gender Stereotyping Hotline

As instructed by last week’s Combatting Race and Sex Stereotyping Executive Order, OFCCP has set up a hotline to receive complaints of unlawful stereotyping.  The executive order directs OFCCP to

establish a hotline and investigate complaints received under both this order as well as Executive Order 11246. . .  .

Notably, the hotline is currently active (allowing callers to leave a message or submit a complaint via specific complaint e-mail), despite the fact the EO does not become effective for federal contractors unless or until a new contract is entered into after November 21, 2020.  OFCCP explains in its press release announcing the hotline that any training that violates the EO, also violates a contractor’s current obligations under EO 11246, explaining specifically that

[w]hile the order is effective immediately, its specific requirements for Federal contractors apply only to those with Federal contracts entered into 60 days after the date of the order, or Nov. 21, 2020. However, training programs prohibited by the new Executive Order may also violate a contractor’s obligations under the existing Executive Order 11246, which prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, and for inquiring about, discussing, or disclosing your compensation or the compensation of others.

The press release (and the hotline message) also provides information regarding how to file a complaint at OFCCP’s website.

Thus, while the EO is not effective until November 21, contractors should be aware that employees may file complaints and OFCCP can investigate violations at any time starting immediately.  Given this, we suggest contractors carefully review existing training materials, and stay tuned here for further developments.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 274
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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
F. Christopher Chrisbens, Jackson Lewis, litigation attorney, employment law, intellectual property legal counsel, OFCCP compliance lawyer
Of Counsel

F. Christopher Chrisbens is Of Counsel in the Denver, Colorado, office of Jackson Lewis P.C. Over his years as a litigation attorney, manager, trainer and workplace investigator, Mr. Chrisbens has developed a diverse array of employment law skills serving employers in a variety of legal and corporate settings.

Mr. Chrisbens began his career as a litigator and appellate practitioner in Los Angeles, California, and later returned to Boulder, Colorado where he was partner in a Boulder firm practicing in the areas of commercial, intellectual property and employment litigation.

Mr. Chrisbens joined Jackson Lewis after many subsequent years as the manager of affirmative action planning and OFCCP compliance in both the law firm and employer association settings. He now counsels, represents, and provides training to federal contractors in all facets of affirmative action planning and OFCCP compliance, including all phases of OFCCP compliance audits. Mr. Chrisbens has successfully and efficiently guided many federal contractors through OFCCP audits, including on-site investigations, compensation scrutiny and applicant tracking analyses. Mr. Chrisbens also provides customized on-site affirmative action and investigations training, and frequently accepts speaking engagements on both topics.

303-225-2381
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