OFCCP: Looking Ahead–What's Changing in 2024

Significant recent changes to OFCCP’s (Office of Federal Contract Compliance Programs) policies and practices warrant attention. They include an updated scheduling letter adding new obligations for contractors responding to an OFCCP audit, along with updated regulations granting OFCCP substantial additional discretion in how they evaluate alleged noncompliance and how much of their findings they disclose to contractors.
 
Our speakers presented a top-to-bottom review of the scheduling letter changes, including new requirements for providing information about compensation, promotions, and the use of artificial intelligence. They assessed the impact of the updated regulations, including what contractors can likely expect from OFCCP when a preliminary finding of noncompliance is made as well as strategies for raising Title VII-based defenses and engaging in early resolution. Speakers also looked at other recent updates from OFCCP, including information provided by agency representatives at the most recent National Industry Liaison Group conference, along with changes on the horizon.
 
Finally, speakers provided another update for employers regarding trends, best practices, and litigation relating to diversity, equity, inclusion and accessibility following the Supreme Court’s recent decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College.