DOL proposes modifying fed contracting rule on bias

The U.S. Department of Labor said Monday it is proposing to modify a Trump Administration-era final rule intended to create a streamlined process that would allow the department to use its resources strategically to remove equal employment opportunity barriers.

The DOL said the proposed rulemaking by its Office of Federal Compliance Programs seeks to revise the final rule, “Nondiscrimination Obligations of Federal Contractors and Subcontractors Procedures to resolve Potential Employment Discrimination,” which has been in effect since December 2020.

The DOL said in a statement that the rule imposed “inflexible” evidentiary requirements and “rigid” evidentiary standards and definitions. It said its standards “did not assist workers and delayed the resolution of discrimination findings.”

OFCCP Director Jenny R. Yang said in the statement its proposal “would restore flexibility to OFCCP’s procedures, promote efficiency in resolving cases, strengthen enforcement and promote alignment of the standards governing our procedures” with Title VII of the Civil Rights Act of 1964.

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