Congress Moves to Rescind ‘Blacklisting’ Regulations for Federal Contractors

The U.S. House of Representatives passed on a bipartisan basis H.J. Res. 37, a resolution to block the Fair Pay and Safe Workplaces executive order, by a vote of 236-187.

The order is often referred to as the "blacklisting" regulations because of concerns that the government will use these regulations to prohibit employers from doing business with the U.S. government due to actual or alleged labor law violations. The main provisions of the regulation requires certain federal contractors to report violations of 14 different federal labor and employment laws, and the equivalent state laws, in order to compete for federal contracts.

H.J. Res. 37 would nullify the rule Federal Acquisition Regulation; Fair Pay and Safe Workplaces, 81 Fed. Reg. 58562 (August 25, 2016). The bill disapproves a rule that would require federal contractors to disclose findings of non-compliance with labor laws. The rule would bog down Federal procurement with unnecessary and burdensome processes that would result in delays, and decreased competition for Federal government contracts. Rolling back this rule will also help to reduce costs in Federal procurement. The Administration is committed to reducing onerous regulatory burdens on America's businesses and using existing authorities to continue enforcing the Nation's workplace laws.

The Senate is expected to consider a resolution similar to H.J. Res. 37 soon. Senate passage is expected because this is considered a "privileged resolution," which requires only a simple majority (51 votes) for passage. President Donald J. Trump is expected to sign this resolution into law.

EEOC Seeks Public Input on Plan to Review its Significant Regulations

The U.S. Equal Employment Opportunity Commission (EEOC) announced that it is inviting the public to provide input on its ongoing review of significant existing EEOC regulations to determine whether they should be modified, streamlined, expanded, or repealed. The review is conducted pursuant to Executive Order (EO) 13563, "Improving Regulation and Regulatory Review," found at 76 Fed. Reg. 3821 (Jan. 21, 2011). Comments may be submitted to Public.Comments.RegulatoryReview@eeoc.gov through April 20, 2015.
 
Executive Order 13563 directed federal agencies to develop preliminary plans for periodically reviewing significant regulations. The goal is to make agencies' regulatory programs more effective in achieving their regulatory objectives and less burdensome to the public.

In July 2011, the EEOC developed a Final Plan for Retrospective Review of Significant Regulations. The EEOC has since submitted Retrospective Regulatory Review status reports semi-annually, at the request of the U.S. Office of Management and Budget (OMB). In its most recent timeline for retrospective review, published today, the EEOC projects the agency's retrospective regulatory review activities through 2023.

The EEOC invites members of the public to provide feedback on the following questions:

• Which regulations and/or reporting requirements should the EEOC consider for review, modification, streamlining, expansion or elimination, and why?
• Are any EEOC regulations and/or reporting requirements outdated, ineffective, insufficient, inconsistent, redundant, duplicative or excessively burdensome?
• Are there alternative regulatory approaches for particular EEOC regulations and/or reporting requirements that would reduce the burden on regulated entities while maintaining the same level of protection for applicants, employees, employers, employment agencies, federal agencies, and unions? If so, please describe.

The EEOC welcomes feedback on these or any other retrospective regulatory review matters within the EEOC's jurisdiction.

Public input on the EEOC's retrospective regulatory review efforts may be submitted to Public.Comments.RegulatoryReview@eeoc.gov through April 20, 2015. Regarding any EEOC regulations currently open for public comment, we encourage members of the public to submit comments through the appropriate page at www.regulations.gov.

Comments may be disclosed to the public. While private or personally identifying infor­mation will be redacted, please do not include any information in submitted comments that you would not want made public.

Source: EEOC

This information is intended to be educational and should not be considered legal advice on any specific matter.

 

The "Ascendance" of the OFCCP

"A moment of ascendance, a period of renaissance" were the words used by Director Shiu to describe the status of the OFCCP during the keynote speech at the NILG Convention in July of this year. With the Obama administration, the OFCCP has seen a restored commitment to the core values of equality, fairness and opportunity for all. President Obama is providing the resources that the OFFCP needs to be the enforcement agency "he envisions". The "ascendance" of the OFCCP incorporates:

• Update of regulations: The OFCCP is updating and revising regulations; "...we are going to put some teeth in them and strengthen affirmative action requirements for contractors."
   
• The Federal Contractor Compliance Manual is being revised to provide clarity on enforcement.
   
• Staff increase by 35%: Approximately 200 new compliance officers have been hired and trained in the first national training in more than a decade.

The OFCCP outreach efforts aimed at all employees is also a significant part of this ascendance. These efforts include the clear message that "being a federal contractor or subcontractor is not a right, it's a privilege" and that the OFCCP protects all employees of, and those who seek employment with, Federal contractors.

THOMAS HOUSTON associates, inc. can assist you in meeting the challenges that will arise as a result of the OFCCP's increased enforcement and regulatory efforts. We offer pro-active and proven compliance tools and methods.

For more information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc. call (800) 330-9000 or click here to schedule a convenient time for your call.