Orlando, FL – This year’s National ILG Conference started off in traditional fashion with the presentation of the flag and the National Anthem followed by a touching performance from the Childrens Choir of Orlando.

Attending the conference for a second time in her current capacity, Acting OFCCP Director Michelle Hodge opened the conference with remarks highlighting the conference theme of “Explore. Enable. and Evolve.”

After introducing the national office staff and regional directors, Acting Director hodge turned to discussing OFCCP’s accomplishments under Acting Secretary of Labor Julie Su as the agency is “finding new ways to unleash its power.”

Acting Director Hodge’s list of OFCCP’s accomplishments since last year’s conference include:

• Production of educational materials for workers
• Release of the new scheduling letter and itemized listing
• Last week’s rescission of Directive DIR 2019-02: Early Resolution Procedures and publication of Directive 2024-01: Expedited Conciliation Procedures
• Continued partnership with DOJ and EEOC
• Updates to the contractor portal to include Live HelpDesk support
• MEGA project partnerships
• Nationwide outreach program development
• Improved language access
• Updated complaint process

As to the “evolve” portion of the conference’s theme, Acting Director Hodge acknowledged the agency must “evolve to keep up with the ever-changing landscape,” recognizing OFCCP will continue to “adapt and grow,” speaking to the Agency’s work on Artificial Intelligence as an example.

Taking a moment to address the proverbial elephant in the room, Acting Director Hodge briefly noted the recent trio of supreme court cases addressing administrative agency deference and authority “does not mean our work stops” and encouraged attendees to attend OFCCP’s enforcement updates and policy workshops to “hear more about how OFCCP is proceeding.”

In the OFCCP Enforcement session to which Acting Director Hodge referred, Bev Dankowitz, Associate Solicitor, Civil Rights & Labor Mangement (CRLM) Division, did in fact spend a few minutes discussing the Agency’s perspective on the impact of the recent legal decisions. With respect to Loper Bright (the case overturning Chevron deference for Agency regulatory interpretation) she stated

OFCCP believes its regulations are squarely within its authority and we will continue to enforce them.

Associate Solicitor Dankowitz did note, however, that the impact of the decisions are “under review” within OFCCP, across the Department of Labor, and beyond.

During the same OFCCP Enforcment session, Jeff Lupardo, also from the CRLM Division, gave an update on recent OFCCP litigation matters. Bob LaJeunesse and David Garber also presented updates on the analytical tools and practices of OFCCP’s enforcement division and Bureau of Expert Services. Acting Director Hodge, in attendance in the audience, provided clarification on the 3-year audit moratorium period formalized in the new Expedited Conciliation Procedures Directive. And a robust discussion of the Agency’s development and use of desk audit tools for its investigations closed out the session.

Acting Director Hodge’s opening remarks and the Agency’s enforcement update book ended a first day of great content at this year’s conference. We can’t wait to see what insights and information Day 2 tomorrow holds for us!