“Midnight” Lawsuits? OFCCP Filed 10 New Administrative Enforcement Actions Between November Election and Inauguration

Just days before the inauguration of President Donald Trump, the Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) filed seven new formal administrative enforcement actions, bringing the total number of formal OFCCP complaints filed thus far in fiscal year (FY) 2017 (October 1, 2016 – September 30, 2017) to 11, 10 of those filed since the November election.  For comparison, the agency filed a total of nine such actions in all of FY 2016.

Looking back over the eight years of the Obama Administration, the 11 lawsuits filed by OFCCP so far in FY 2017 exceed the total for every year except FY 2015, when 11 suits also were filed, and seven of those were filed on the same day against the same company (Convergys).

While it is common practice for an outgoing administration to publish “midnight regulations” to lock in policies before a new administration takes office, this is the first time that we can recall the Department of Labor filing a series of midnight lawsuits alleging OFCCP violations.

Members of the Equal Employment Advisory Council (EEAC) can read more here.