|INTRODUCTION: It is going to be a very difficult year for OFCCP due to budget pressures, antagonistic Democratic and Republican Senators and Congressman, a lame-duck President, reduced agency productivity and efficiency, and falling morale within an agency already battered by low morale and relatively high employee turnover. OFCCP management is doing the best it can under these very difficult circumstances and amid falling contractor support for the agency. However, these are each individually very substantial challenges, but their simultaneous combination would make them extremely difficult for any management team to shoulder all at once. OFCCP’s regulatory agenda and audit activity are both going to be significantly affected, as noted below.
1) OFCCP’S NEW REGULATIONS-BINGING IS OVER. Contrary to every Blog I have read for the last 6 months, 2015 was NOT an active Rulemaking (i.e. “regulation” making) year for OFCCP, let alone its most active regulatory period in history, as many erroneously believe. Rather, 2015 will be remembered as the year The Congress and OMB shut down OFCCP’s 2013-2014 regulatory blitzkrieg even though many contractors are still reeling from that short burst of intense regulatory activity (which was in fact, I believe, the most active regulatory period in any two years of OFCCP history (although OFCCP Directors Weldon Rougeau (Carter Administration) and Shirley Wilcher (Clinton Administration) were no slouches and also get honorable mention here. In fact, Shirley might win for substantive change…but that is another column). Read more.
THIS COLUMN IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO OFCCP. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK ADVICE OF COUNSEL.