In the three prior articles in this series, we have evaluated OFCCP’s recent regulatory and enforcement positions through the lenses of the fundamental and perennial question, “What is Law?” Since our earlier articles, Secretary of Labor R. Alexander Acosta has continued to build his team at the Department of Labor (DOL). For example, the Senate recently confirmed Patrick Pizzella as Deputy Secretary of Labor. We expect that Deputy Secretary Pizzella will work with OFCCP Director Ondray Harris and Senior Advisor Craig Leen to review existing OFCCP regulatory interpretations and policies, and to make revisions that reflect the policy outlook of the new Administration.

In this article, we consider OFCCP’s changing definitions of