The last five years have been a time of monumental change for the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). Five major regulatory changes to the federal affirmative action regulations went into effect between 2014 and 2016, and 13 new directives have been issued since February of 2018. We have never seen a period at OFCCP when so many new initiatives have been announced and so many new responsibilities have been placed on federal contractors and subcontractors.
With all of the new initiatives involving OFCCP during the last few years, several of the agency's regulatory changes are being largely ignored, both by the agency and by the federal contractor community. However, federal contractors and subcontractors that fail to give any attention to these recent regulatory changes are open to unpleasant surprises should OFCCP decide to switch gears.
OFCCP's Regulations Regarding Sexual Orientation and Gender Identity
In April of 2015, new regulations that prohibited discrimination against applicants and employees on the basis of sexual orientation and gender identity came into effect. These regulations are associated with Executive Order 1367