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How many activist federal judges does it take to change a lightbulb? Three. One to ask the courtroom deputy to call maintenance; one to help the Defendant evade the I.C.E. agents waiting in the hall; and one to appoint themselves Chair (and exclusive voting Commissioner) of the EEOC.
The jurisdictional threshold for the Executive Order’s AAP requirements is unchanged since 1968, with 50 years’ worth of inflation occurring, and additional requirements (including the quantifiable results component) added on, since.
All federal contractors and subcontractors subject to EO 11246 have requirements related to affirmative action (job advertisement taglines, employee / applicant / union notice, demographic data collection). Those actions are primarily designed to provide notice that the contractor is committed to equal opportunity and to maximize the number of people whom that notice reaches (sounds good).
Acting Director Leen and his staff are off the chain, roaming the countryside devouring multi-year audits and anything else that threatens the efficiency of the agency. Recently they returned to the Frances Perkins building with the chewed-off ear of a grizzly bear, just to show you they could do it, with a tag on it inscribed “Directive 2019-02.” This Directive is as bold as it is revolutionary.
The Trump administration’s OFCCP began actively soliciting contractor feedback in 2017, and made it clear that their enforcement style would be to provide as much clarity and accountability as possible. Their “doing more with less” motto helps explain the process they are following to educate and engage contractors. Their tone of conciliation and co-operation is welcomed by contractors, but it’s clear the agency expects as much as ever, that contractors to be actively engaged, and that the agency’s efforts to clarify guidance and to educate contractors will promote better self-evaluation and correction of problems.
The acquisition thresholds and simplified procedures for contracts under the simplified acquisition threshold (SAT) affect not only the dollar value of contract actions reserved for small business, but also the applicable contract requirements. The NDAAs for 2017-2019 made changes to the threshold amounts and other contract requirements.
The laws and executive orders that serve as the authority for federal contract requirements are a function of those conditions being set by people who have to run for public office. The conditions of a contract that address how a contractor behaves as an employer (or the fact that the government feels the need to weigh in on that as part of the contracting process) are motivated by first, the altruistic goal of benefitting the workers and second, the political need to avoid embarrassment of a business being paid with tax dollars acting inappropriately.