Federal Anti-Retaliation Efforts

9 months ago

The Feds were busy last week. On October 31, 2023, the National Labor Relations Board (NLRB) executed a Memo of Understanding which enables the NLRB and the Occupational Health and Safety Administration (OSHA) to expand coordination between the agencies which allows sharing of information and includes partnering on investigative efforts and enforcing anti-retaliation provisions. The NLRB reports that this is part of an interagency coordination initiative to co-act and co-enforce all related laws.

On November 1, 2023, the Office of Federal Contract Compliance Programs (OFCCP) which addresses some employment issues for federal contractors announced a new Pre-Complaint Inquiry Form and an updated Complaint Form. Employees and applicants may now submit either form if they feel they have been retaliated against for discussing pay or if they feel they have been discriminated against. The pre-complaint inquiry “can assist in determining if filing a complaint with OFCCP is the right choice” but is not a requirement. The OFCCP reports that the filing of the Pre-Compliant Inquiry Form is not the same as filing a complaint and doing so does not extend the timeline for filing the Complaint Form. Deadlines for filing a complaint are 180 or 300 calendar days from the event, depending on the issue. The OFCCP recommends bypassing the pre-complaint inquiry process if the individual has 60 calendar days or less in which to file a complaint. They also signified they updated the Complaint Form for “clarity and ease of use.”

If you have received agency complaints and are not sure what to do, contact Southwestern HR Consulting (SWHRC) today and we can provide you with guidance from our team of experts.