We are pleased to offer a Guide to Equal Opportunity “Flow Down” Clauses, which we have updated in light of the publication last year by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) of its Supply and Service Contractors Technical Assistance Guide (TAG).
As we recently reported, we will be issuing a series of detailed analyses focusing on OFCCP’s Supply and Service TAG, with a focus on distinguishing between OFCCP requirements and what might be better characterized as “best practices” that, while encouraged, are not mandated under OFCCP’s regulations. This is the second memo in that series.
In our first memorandum, we focused on OFCCP’s methodology for conducting a “subgroup” analysis under the Uniform Guidelines on Employee Selection Procedures and how it may vary from how employers are conducting their own subgroup analyses.
In this second memorandum, we focus on another topic discussed in Appendix I of the TAG – OFCCP’s mandatory contract “flow down” clauses, and more specifically the expanded versions of these clauses included in the TAG and how they differ from earlier OFCCP guidance.
Members of the Center for Workplace Compliance (CWC) can read more here.