DCI Consulting Blog

By: Bill Osterndorf

Pay transparency has been a major subject of interest for the states in the last few years. While there is no federal law regarding pay transparency that affects all organizations, there are many different laws that various...

By: Kate Hayek and Sheryl Harmening

Organizations with supply and service contracts with the Federal government are required to comply with multiple sets of regulations in the affirmative action and equal employment opportunity space. Organizations...

By: Bre Timko (DCI Consulting), Niloy Ray (Littler Mendelson), & Dave Schmidt (DCI Consulting) 

The State of California has had a flurry of activity over the past two years intending to regulate the use of artificial intelligence (AI) in making...

By: Bill Osterndorf

On November 29, 2024, a proposal was issued in the Federal Register to change thresholds regarding laws enforced by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) and other agencies. This...

By: Haley Fisk and Evan Szarenski

On November 21, the Office of Federal Contract Compliance Programs (OFCCP) released a guide intended to assist federal contractors in fighting harassment in the construction industry. As the federal government has...

By: Dylan Tomsey

On November 25, 2024,the Office of Federal Contract Compliance Programs (OFCCP) announced a start date for the monthly collection of employment data from construction companies. Construction companies that have contracts or...

By: Lily Kerr

The U.S. Census Bureau recently announced its plans to implement the revised race-ethnicity standards set forth by the Office of Management and Budget (OMB). 

Earlier this year, OMB finalized its highly anticipated revisions to...

By: Mitchell Chamberlin

The New Jersey legislature passed Senate Bill 2310 on September 26, 2024, which requires employers to post information on internal and external job openings, including salary ranges and a listing of benefits. The effective...

By: Amanda Bowman

Today, the Office of Federal Contract Compliance Programs (OFCCP) published its latest Corporate Scheduling Announcement List(CSAL)for Supply and Service compliance reviews. The list includes 770 unique companies and is comprised...

By: Bre Timko

On October 16, 2024, the Department of Labor (DoL) released Artificial Intelligence and Worker Well-being: Principles and Best Practices for Developers and Employers. This was an extension of the Principles for AI and Worker Well-Being...

By: Dylan Tomsey

An OFCCP compliance evaluation is a process in which afederal contractor or subcontractor’s affirmative action program isreviewed for regulatory compliance with the affirmative action and nondiscrimination provisions of their...

By: Bill Osterndorf

Affirmative action is typically not a major focus for construction companies. With the difficulty of finding qualified workers, finishing complex projects, and dealing with a myriad of government regulations, affirmative action...

By: Bill Osterndorf

The Equal Employment Opportunity Commission (EEOC) has released guidance to help prevent employment discrimination in the construction industry. A document containing this guidance entitled “Combating Employment Discrimination in...

By: Emma Edoga, Chad Peddie, and Keli P. Wilson, and DiversIQ

In Parts I and II, we explored how S&P 100 companies use their websites to communicate DEI commitments through various sections and the messaging of DEI philosophy. Besides effective...

By: Evan Szarenski and Joanna Colosimo

Tomorrow, October 29, 2024, the Office of Federal Contract Compliance Programs (OFCCP) is scheduled to publish a Notice in the Federal Registerregarding two Freedom of Information Act (FOIA) requests for 2021...

By: Benjamin Kerner

October 16th, 2024, Nakisha Pugh was selectedas the Director ofthe Office of Federal ContractCompliance Programs (OFCCP) Division of Program Operations (DPO).The announcement was posted in a bulletin authored by acting OFCCP D

By: Emma Edoga, Chad Peddie, and Keli P. Wilson, and DiversIQ

What Content Is Typically Communicated on the Diversity Webpages of S&P 100 Companies?

In Part I of our three-part blog series, we found that 92% of S&P 100 companies have a webpage link...

By: Evan Szarenski

This blog is part 2 of an analysis of the new OFCCP scheduling letter for federal construction contractors.

Section 503 and VEVRAA, Item 2

This item requires contractors to submit documentation that it provided notice of the...

By: Evan Szarenski

On July 26, 2024, the Office of Management and Budget (OMB) granted approval for the Office of Federal Contract Compliance Programs (OFCCP)’s revisedconstruction compliance evaluationscheduling letter and itemized listing. On...

By: Emma Edoga, Chad Peddie, and Keli P. Wilson, and DiversIQ

There is no single way for employers to signal their commitment to diversity, equity, and inclusion (DEI). Employers may partner with a third-party organization, sponsor DEI-focused...

By: Jair Portillo

On October 7, 2024, Shanae Moody was selected as the new Southeast Regional Director of the Office of Federal Contract Compliance Programs (OFCCP). Moody, who has over 15 years of experience in federal contracting and compliance,...

By: Stephanie Horn

Overview and Intro

Maryland’s revised pay transparency law went into effect on October 1, 2024. The law expanded to cover disclosure of pay ranges to existing employees. Maryland is among two dozen other states that have proposed...

By: Bill Osterndorf

The Office of Management and Budget (OMB) has given final approval to a monthly data collection from construction companies. The Office of Federal Contract Compliance Programs (OFCCP) had requested this data collection in ...

By: Lily Kerr

The Wage and Hour Division (WHD) of the U.S. Department of Laborrecently published an advanced notice of an upcoming increase to the minimum wage rate for federal contractors.The new rate of $17.75 per hour will replace the current...

By: Mitchell Chamberlin and Evan Szarenski

On October 2, 2024, the Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget (OMB) has authorized a new scheduling letter and itemized listing for...

By: Keli Wilson

In September of 2024, the Congressional Black Caucus (CBC)released a reporttitledWhat Good Looks Like: A Corporate Accountability Report on Diversity, Equity, and Inclusion.In this report, CBC provided a scorecard on corporate ...

By: Quentin Dorsey

Navigating a compliance review (“audit”) with the Office of Federal Contract Compliance Programs (OFCCP) can be a complex and nerve-wracking experience for federal contractors. The process is oftenextensive, and the results can...

By: Grace Boudjalis and Bre Timko

As artificial intelligence (AI) technologies continue toevolvein the workplace, legislation focusing on regulating such technologiesis also becomingmore common. A recent example comes from Illinois, where...

By: Lily Kerr

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently welcomed a new Deputy Director, Anupa Iyer Geevarghese, on September 3rd. Although an official announcement from OFCCP has not been made as...

By: Dave Cohen & Dave Sharrer

In June 2023, the Supreme Court made a landmark decision in Students for Fair Admissions, Inc. (SFFA) v. President & Fellows of Harvard College (Harvard) and SFFA v. University of North Carolina (UNC), ruling 6-3 that...

Each year, human resources, compliance, and legal representatives from federal contractors get together for a week of workshops, classes, and presentations on the latest developments in affirmative action and equal employment opportunity...

By: Lisa Harpe, Jon Geier, and Don Lustenberger

Our summer blog series contrasting “expert” versus “robot” approaches to pay equity ends this week as we discuss the role of legal counsel and the importance of establishing attorney–client privilege...

By: Bre Timko and Dave Schmidt

California’s Assembly Bill (AB) 2930 was introduced by the California State Assembly Privacy and Consumer Protection Committee in February 2024 and, if signed into law, will impose certain requirements on entities...

By: Stephanie Horn and Bill Osterndorf

Massachusetts has joined various other states in enacting a pay transparency law. Starting October 29, 2025, employers with 25 or more employees in Massachusetts must include a pay range in any advertisement or...

By: Bill Osterndorf

UPDATE 3: On January 16, 2025, Massachusetts opened the portal meant to collect the EEO-1 reports of covered employers. Reports must be submitted by February 3, 2025.

UPDATE 2: On January 14, 2025, Massachusetts released a notice...

By: Chad Peddie

On July 25, 2024, the Civil Rights Audit Standards (the Standards) were published by an independent committee led by PolicyLink, a leading national research and action institute dedicated to racial and economic equity and CapEQ, an...

By: Don Lustenberger and Lisa Harpe

Our summer blog series contrasting “expert” versus “robot” approaches to pay equity continues this week as we discuss what happens after compensation data have been analyzed: investigating the results of the...

By: Evan Szarenski and Jon Geier

There has been a lot written about the recent Supreme Court decision reversing the 1984 decision in Chevron (Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984)) and the Chevron...

By: Lisa Harpe and Don Lustenberger

In our second and previous installment of our summer blog series contrasting "expert” versus ”robot” approaches to conducting a pay-equity study, we described how the more traditional, consultant-led approaches...

By: Amanda Bowman and Dylan Tomsey

On July 26th, OFCCP issued Directive 2024-01,which outlines new procedures for expedited conciliation, with the option to enter into an Expedited Resolution Conciliation Agreement (ERCA). Through the expedited...

By: Lisa Harpe and Don Lustenberger

In our first installment of our summer blog series contrasting "expert” versus ”robot” approaches to conducting a pay-equity study, we described how the more traditional, consultant-led approaches (i.e., expert)...

By: Bill Osterndorf

On July 8, 2024, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released a revised version of form CC-257 that would collect data on construction employees working for federal construction...

By: Lily Kerr

In recent years, there have been several state-specific pay reporting requirements taking effect after the recission of the nationwide EEO-1 Component 2 pay data collection. One such reporting requirement has been the bi-annual...

By: Don Lustenberger and Lisa Harpe

Series Introduction 

Earlier this year DCI experts and co-authors of this post, Lisa Harpe and Don Lustenberger, hosted a pay-equity webinar on the topic of “expert vs. robot.” They contrasted the more...

By: Fred Satterwhite

While much of the country was busy enjoying an extended Independence Day weekend, the Biden administration released its Spring 2024 Regulatory Agenda on Friday, July 5th.The semi-annual agenda includes regulatory actions the...

By: Evan Szarenski

On June 12, the Office of Management and Budget (OMB) published a notice in the Federal Register announcing its review of the Standard Occupational Classification (SOC) and asking for public comment.

All federal statistical...

By: Benjamin Kerner and Haley Fisk

On June 3rd, 2024, the Office of Federal Contract Compliance Programs (OFCCP)released newFAQs for Supply and Service Scheduling Letter and Itemized Listing,providing guidanceto assistcontractors that are...

By: Evan Szarenski

As previously reported on the DCI Blog, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is in the process of updating its scheduling letter for construction reviews. On June 17, 2024, OFCCP...

By: Marcelle Clavette and Tyler Wurtz

Understanding the availability of different demographic groups within the workforce and how that representation compares to a labor force benchmark is essential for organizations aiming to foster diversity and...

By: Bill Osterndorf

A recent settlement between Qdoba Restaurant Corporation and multiple applicants for employment shows the significance of pay transparency laws that have been instituted throughout the United States. The Qdoba settlement occurred...

By: Christopher Wilkinson, Joanna Colosimo

This article was originally published in Law 360 on June 7, 2024.

In 2022, the U.S. Department of Labor's Office of Federal Contract Compliance Programs, or OFCCP, kicked off its contractor verification...

By: Bre Timko and Dave Schmidt

OverviewReaders of DCI blogs know all about New York City’s (NYC’s) Local Law 144 (LL-144). Briefly, this law applies when an Automated Employment Decision Tool (AEDT) is used to hire or promote individuals for a job...

By: Bill Osterndorf

The U.S. Census Bureau intends to test new questions that will be used for survey respondents to provide information on their sexual orientation and gender identity (SOGI). A formal request to test these questions was published...

By: Amanda Bowman

Today, the Office of Federal Contract Compliance Programs (OFCCP) published its latest Corporate Scheduling Announcement List(CSAL)for Supply and Service compliance reviews. The list includes 462 unique companies and is comprised...

By: Dave Schmidt and Bre Timko

By: Cassie Alfheim

We conclude our blog series regarding the Office of Federal Contract Compliance Program’s (OFCCP) Technical Assistance Guide (TAG) for supply and service contractors and subcontractors by diving into OFCCP’s compliance review...

By: Barbara Nett

By: Sheryl Harmening

By: Evan Szarenski

By: Mitchell Chamberlin

By: Bill Osterndorf

By: Victoria Ungvary

EEO Policy

Contractors are required to develop an EEO policy statement and make it...

By: Victoria Ungvary

By: Evan Szarenski and Bill Osterndorf

By: Sarah Layman and Dave Schmidt

By: Kate Hayek

By: Haley Fisk

By: Fred Satterwhite

As we continue our series on OFCCP’s Supply and Service Contractors Technical Assistance Guide (“TAG”),this post reviews the TAG’s section covering requirements and components in an Executive Order 11246 affirmative action...

By: Bill Osterndorf and Joanna Colosimo

By: Kristen Pryor and Dave Schmidt

On April 4, 2024, multiple federal agencies charged with enforcing various laws signed a joint statement asserting that:

1. Their existing enforcement authority encompasses and applies to the use of automated...

By: Kristen Pryor and Dave Schmidt

By: Benjamin Kerner and Alaya Collins

By: Sally Makreff, Bill Osterndorf, Kate Hayek

By: Fred Satterwhite and Amanda Bowman

By: Bill Osterndorf

By: Sheryl Harmening

By: Victoria Ungvary

By: Bill Osterndorf

By: Mitchell Chamberlin

On February 29, 2024, the Office of Federal Contractor Compliance Programs released new resources to “help veterans and employers understand the protections under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)...

By: Bill Osterndorf

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently released several proposals that would place new requirements on construction companies involved in federal construction projects....

By: Bill Osterndorf

In July of 2021, OFCCP dramatically changed the letter that is used to open compliance reviews for construction companies.This letter, called a scheduling letter, includes an itemized listing of materials that must be submitted...

By: Benjamin Kerner

The Equal Employment Opportunity Commission (EEOC) has announced that the 2023 EEO-1 data collection will open on Tuesday, April 30, 2024. The deadline to submit the required data is Tuesday, June 4, 2024. The Filer Support help...

By: Mitchell Chamberlin

On February 15, 2024, the Department of Labor (DOL) filed a notice of appeal to the December 2023 court decision ordering the Office of Federal Contract Compliance Programs (OFCCP) to release the consolidated EEO-1 reports of...

By: Keli Wilson

DCI recently released a blogsharing the Congressional Black Caucus’ (CBC) drive to get the CEOs of Fortune 500 companies to recommit to their diversity, equity, and inclusion (DEI) efforts by January 31, 2024.Shortly after this...

By Sally Makreff and Bill Osterndorf

Employers subject to the Equal Pay Registration Certificate (EPRC) portion of the Illinois Equal Pay Act must submit application materials to the State of Illinois by March 23, 2024, to obtain an EPRC. The Equal...

By: Mitchell Chamberlin

On February 1, 2024, the California Pay Data Reporting site updated to reflect the 2023 reporting period. According to FAQs on the site, the portal is set to open as of that day. However, the portal itself indicates that ...

By: Keli Wilson

On December 15, 2023, the Congressional Black Caucus (CBC) sent a letter to Fortune 500 companies asking them to reaffirm their commitments to diversity, equity, and inclusion (DEI) programs. The letter also asks these recipients to ...

By: Keli Wilson and Marcelle Clavette

The Office of Personnel Management (OPM) announced aninitiative for federal agencies to pursue pooled hiring with a focus on skills-based selection, evaluating needed skills versus applicants’ education and...

By: Evan Szarenski

On January 29th, the Federal Acquisition Regulatory Council (FAR Council)released a Notice of Proposed Rulemaking (NPRM) to implement Executive Order 14069, titled “Advancing Economy, Efficiency, and Effectiveness in Federal...

By: Jair Portillo

Mark May 8, 2024, on your calendar — the California Civil Rights Department (CRD) updated its Pay Data Reporting site to indicatethisMay 8 deadline for submitting your 2023 pay data reports.

Who is Required to File:

• Private...

By: Bill Osterndorf

On January 16, 2024, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced that it has selected Ronald Sullivan as Regional Director for the agency’s Southwest and Rocky Mountain (SWARM)...

By: Evan Szarenski

As previously covered by DCI, President Biden signed Executive Order 14069 on March 15, 2022. EO 14069 directed the Federal Acquisition Regulatory Council (Council) to issue a rule that would enhance “pay equity and transparency”...

By: Caroline Moughan and Evan Szarenski

AUnited States District Judge ruledon December 22ndthatthe consolidatedEEO-1 reports of federal contractors that were withheld by the Office of Federal Contract Compliance Programs (OFCCP) must be...

By: Bill Osterndorf

There are new pay transparency laws in two states, Hawaii and Colorado, that are effective on January 1, 2024.  Hawaii’s pay transparency law first became effective on January 1, while Colorado’s pay transparency lawunderwent...