The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has submitted two comment letters to the Office of Federal Contract Compliance Programs. CWC’s comments respond to OFCCP’s proposals to (1) rescind its regulations related to Executive Order 11246 and (2) transfer any remaining regulations needed to enforce the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) to 41 C.F.R. Part 60-300.
CWC’s comments acknowledge that the regulations in question were already without legal effect and support their rescission insofar as it would provide clarity to contractors. CWC’s comments also urge the agency to initiate a separate rulemaking process to address the suitability of the Labor Department’s administrative enforcement regime. CWC notes that recent administrative law decisions — in cases such as SEC v. Jarkesy, ABM Industry Groups v. DOL, and Sun Valley Orchards v. DOL — cast significant doubt on whether the procedures in question can survive Constitutional scrutiny.
OFCCP will publish a final rule after it analyzes the public comments it receives. In the meantime, all VEVRAA requirements remain intact.
CWC members can read more here.