What employers can expect from Biden’s enforcement agencies in 2022

Under the Biden administration, the federal enforcement agencies have big plans for 2022. Here is a rundown by agency.

OFCCP

Notification of supply and service subcontractors. The Office of Federal Contract Compliance Programs (OFCCP) is planning to issue a notice of proposed rulemaking (NPRM) in April that would require contractors to provide notice to the agency about their subcontractors. The agency unsuccessfully proposed a similar requirement as part of a submission during an earlier compliance review.

Rescission of religious exemption regulation. On November 9, 2021, the OFCCP published a notice of proposed rescission of the Trump administration’s push to implement legal requirements for the Equal Opportunity Clause’s religious exemption.

Modernizing EO 11246 compliance programs. The OFFCP is planning to begin the process of modernizing its Executive Order (EO) 11246 compliance program for federal supply and service contractors and subcontractors, which could include eliminating the establishment basis for affirmative action plans, requiring goals for minority subgroups, and collecting data on sexual orientation and gender identity.