Federal Contractor Update


The U.S. Department of Labor and its Office of Federal Contract Compliance Programs was busy in March 2022 with various announcements of interest to federal contractors, including the following:

  • A proposed modification to a final rule that sets forth procedures to identify and remedy discrimination in federal contracting. The effect of the proposed amendments is to provide less transparency from the OFCCP in audits and to establish different evidentiary standards, yet to be defined, but which we can assume will not favor contractors.
  • A new Directive on pay equity audits, intended to provide guidance on how OFCCP will evaluate contractor compliance with pay equity audit obligations. The OFCCP is taking an aggressive approach with regard to what information it can obtain from employers, even that which may be subject to the attorney-client privilege.
  • A proposal to overhaul the long-standing Davis-Bacon Act regulations (applicable to construction contractors). The public may submit comments on the proposed revisions to the rule here until May 17, 2022.