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Monday, February 1, 2021
Here are the latest developments from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP).
New OFCCP Director. Jenny Yang, formerly of the U.S. Equal Employment Opportunity Commission (EEOC) recently replaced Craig Leen as director of OFCCP. Yang was at the EEOC from 2013 to 2018, initially as an EEOC commissioner and later as vice chair and chair from 2014 to 2017.
Section 503 Focused Review Report. OFCCP recently published its “Section 503 Focused Reviews Fiscal Year 2020 Annual Report.” The report provides a description of the goals of the Section 503 Focused Review Program, the guidance provided in anticipation of the reviews, the results of those reviews, and what was learned from the reviews. In the report, OFCCP noted that it did not find discrimination or reasonable accommodation violations in Section 503 Focused Reviews. The report lists the top five violations “found during Section 503
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Here are the latest developments from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP).
New Religious Exemption Final Rule. OFCCP recently finalized a rule to “clarify the contours” of Executive Order 11246 on religious exemptions and its related obligations. “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption,” which OFCCP finalized on December 9, 2020, establishes protections for religious organizations to “hire employees who will further their religious missions, thereby providing clarity that may expand the eligible pool of federal contractors and subcontractors.” OFCCP’s news release on the final rules states that the agency has answered frequently asked questions to help explain the rule, which goes into effect on January 8, 2021. OFCCP will conduct a webinar for stakeholders on the final rule on January 8, 2021, a
Friday, January 8, 2021
Here are the latest developments from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP).
New Religious Exemption Final Rule. OFCCP recently finalized a rule to “clarify the contours” of Executive Order 11246 on religious exemptions and its related obligations. “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption,” which OFCCP finalized on December 9, 2020, establishes protections for religious organizations to “hire employees who will further their religious missions, thereby providing clarity that may expand the eligible pool of federal contractors and subcontractors.” OFCCP’s news release on the final rules states that the agency has answered frequently asked questions to help explain the rule, which goes into effect on January 8, 2021. OFCCP will conduct a webinar for stakeholders on the final rule on January 8, 2021, as well.
“Sincere”
Of particular note, a “religious corporation, association, educational institution, or society” is defined as a corporation, association, educational institution, society, school, college, university, or institution of learning that meets the following four requirements: (1) is organized for a religious purpose; (2) holds itself out to the public as carrying out a religious purpose; (3) engages in activity consistent with, and in furtherance of, that religious purpose; and (4) operates on a not-for-profit basis
or presents other strong evidence that its purpose is substantially religious. The fourth prong shows that there “may be rare situations. . . where an organization is legally constituted as a for-profit enterprise yet infused with religious purpose.”