The U.S. Department of Labor, including OFCCP, recently issued its Fall 2021 Regulatory Agenda, which identifies the regulatory goals the Agency would like to achieve during the fiscal year and beyond. While OFCCP may not complete all (or even any) of these goals during the current fiscal year, the Agenda provides insights into the Agency’s objectives.

The following are the more important and substantive items in OFCCP’s Agenda.

• Proposal to Rescind Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption

As reflected in an earlier blog post, OFCCP has previously announced its intention to rescind the “problematic” Religious Exemption Rule that the Trump administration implemented.

• Notification of Supply and Service Subcontract Awards

OFCCP has long been interested in better identifying for audit covered subcontractors and has previously proposed collection of this information as part of the revised scheduling letter (a suggestion it ultimately abandoned) as well as a suggestion it would implement a requirement for subcontractor disclosure as part of the AAP certification process. The current proposal would add language to the Executive Order 11246 regulations to require contractors notify OFCCP when they award supply and service subcontracts. “The notice would include information currently unavailable to OFCCP, enabling it to schedule supply and service subcontractors for compliance evaluations.”

In conjunction with the AAP...

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