Secretary Walsh will, of course, also be newly-appointed OFCCP Director Jenny Yang’s new boss. While we have expected a change in OFCCP direction under Director Yang, the changes, so far, have been restricted, possibly because she had been awaiting Labor Secretary’s affirmation.

In an interview with Bloomberg News, Director Yang has just confirmed that pay equity is going to be the Agency’s best priory and that she disagrees with the ALJ’s conclusion in the Oracle pay discrimination instance regarding proper pay equity evaluation methodology; she’s moved forward with AAP affirmation; and, perhaps most significantly to date, cancelled all of the focused reviews scheduled by the former OFCCP administration.

While numerous questions remain concerning the condition of OFCCP below Director Yang, among our first questions, and that of builders, is if, and when, OFCCP will issue a new Courtesy Scheduling Announcement List (CSAL). OFCCP has historically issued new CSALs in the fall and at late-winter or early spring. Presently, OFCCP is working to finish the institution audits by the March 2019 CSAL and the September 2020 update. Secondary, to that is the looming question of whether federal contractors with cancelled focused reviews are simply”off the hook” or might OFCCP fundamentally issue a new CSAL Placing some or all those concentrated reviews to deeper-dive establishment reviews? Those builders who found themselves with Focused Reviews”erased” from the mailing listing are probably best served by anticipating audits in the not too distant future.

On the topic of AAP verification, there’s a question as to whether OFCCP will attempt to use the portal site for data collection at some stage later on.

In the area of pay, we’re starting to find some OFCCP offices looking into the issue of”intersectionality” — possible discrimination based on the intersection of somebody’s race/ethnicity and gender: pay or other offenses against Black women; Hispanic guys, etc.. Will intersectionality investigations become the norm under the current OFCCP administration?

Just like with any turnover in OFCCP administration, there will be change. Stay tuned to our blog for updates about these and other changes OFCCP can be poised to start implementing.

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