The First OFCCP Directives Under Biden - What's New for 2022
The Office of Federal Contract Compliance Programs (OFCCP) just issued the first two directives of the Biden Administration, indicating that deeper dive audits are on the horizon. During this timely webinar, our OFCCP and Affirmative Action Compliance lawyers discuss OFCCP’s new directives and what they mean for federal contractors and subcontractors. In particular, the following topics will be discussed:
- The Biden Administration’s clear focus on pay equity as their top OFCCP-related priority, including proposing a federal prohibition on contractor use of prior pay in setting salaries;
- OFCCP’s clear movement towards longer, more extensive audits, likely across establishments;
- The Biden Administration’s adoption of the Trump-era Compensation Directive, but combined with a greater focus on obtaining a contractor’s own annual pay equity self-audits;
- OFCCP’s indication that it will challenge contractors’ reliance on attorney-client privilege more frequently, and how contractors can take precautions to help preserve this fundamentally important protection;
- The Biden Administration’s recent elimination of the Trump-era Certainty, Efficiency, Recognition, and Transparency Directives, what this likely means, and how contractors can best prepare.
This publication/newsletter is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer. Any views expressed herein are those of the author(s) and not necessarily those of the law firm's clients.