Key developments


The US Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs (OFCCP) have issued a new workplace poster. With the end of the year quickly approaching, now is the time for federal contractors to start planning for 2023 compliance with OFCCP obligations, including:

  • affirmative action plan (AAP) development;
  • annual compliance certification; and
  • annual Equal Employment Opportunity (EEO) and affirmative action training.

Additionally, contractors should stay on top of regulatory developments.

Key developments

As 2023 is just around the corner, Federal contractors with an AAP plan year between 1 January to 31 December should begin gathering data and other necessary information so that they are prepared to begin the AAP development process straight away in 2023. This is particularly important for those contractors with establishments on the current scheduling list. The OFCCP will not extend the deadline for submitting a response to a scheduling letter except in a few extraordinary circumstances. Employers are advised to verify whether they are on an active scheduling list.

Now is also the time to review whether there are any gaps in training for recruiters and managers. Refresher training on proper dispositioning of applicants and OFCCP affirmative action and non-discrimination obligations are critical components to any compliance programme.

The OFCCP's revised Pre-Determination Regulation is expected to be issued shortly.

Also on the regulatory front, the OFCCP is beginning to work on changes to the Executive Order regulations. This project is a heavy lift, given that most of the regulations have not been revised since the 1970s. There will also be opportunities for the contractor community to provide feedback.

The EEOC and the OFCCP recently issued a new workplace poster titled "Know Your Rights: Workplace Discrimination is Illegal". This poster replaces the "EEO is the Law" poster. Employers, including federal contractors, are required to display the new poster in conspicuous places where other notices are typically displayed. Employers are also encouraged to post the notice on their website and intranet. Like the "EEO is the Law" poster, the "Know your Rights" poster summarises employees' rights under the laws enforced by the EEOC and the OFCCP, including:

  • Title VII of the 1964 Civil Rights Act;
  • the Americans with Disabilities Act;
  • the Equal Pay Act;
  • the Age Discrimination in Employment Act;
  • the Genetic Information and Non-discrimination Act;
  • Executive Order No. 11246;
  • Section 503 of the Rehabilitation Act; and
  • the Vietnam Era Veterans Readjustment Assistance Act.

The "Know Your Rights" poster includes a few noteworthy changes:

  • a QR code that links directly to instructions on how to file a charge of discrimination with the EEOC;
  • clarification that harassment constitutes unlawful discrimination; and
  • a statement that sex discrimination includes discrimination based on pregnancy, sexual orientation and gender identity.

For further information on this topic please contact Consuela A Pinto at FordHarrison by telephone (407-418-2300) or email [email protected] The FordHarrison website can be accessed at