Day One of the NILG 2023 National Conference is in full swing. Not deterred by the outdoor temperatures, conference attendees, presenters, vendors and Agency representatives enjoyed a first day’s agenda overflowing with informative sessions where “ideas are nurtured and knowledge is exchanged” as part of this year’s conference theme of “Transforming for Tomorrow.”

The Opening Ceremony started with a traditional dance from representatives of the Yellow Bird Apache Indians.

Acting OFCCP Director Michelle Hodge was the morning’s keynote speaker. Director Hodge opened her remarks by addressing the recent United States Supreme Court Decision addressing affirmative action in higher education admission programs, stating there is a

“bright line between that ruling and the work we do”.

She stated the work is “wholly distinct” and there continue to be lawful and appropriate ways to foster inclusive workplaces”. She shared her belief that “diversity is one of our country’s greatest strengths.”

 Director Hodge then went on to describe what contractors can expect from OFCCP. “Strengthening enforcement efficacy and efficiency” topped the list followed by modernization and tightening unnecessary extensions as well as strengthening data analytics, and agency hiring and training.

As far as Agency priorities, Director Hodge listed three specifically:

  1. Strengthen enforcement to protect underserved marginalized workers
  2. Dismantle hiring barriers
  3. Expand outreach and education outreach efforts  

Spending a good deal of her remarks on the first item, Director Hodge shared statistics about OFCCP contractor portal compliance, discussed the agency’s focus and perspective on contractors’ compliance obligations with respect to use of artificial intelligence in the hiring process and the state of OFCCP’s rulemaking efforts. Director Hodge shared that the final PDN rule should be released in the coming days. She noted the rule will “restore” the Agency’s flexibility in audits but also “continue to promote transparency and consistency by requiring continued use of the PDN.”

In closing, highlighting the conference theme by noting “the time is now to transform for tomorrow,” Director Hodge invited conference attendees to “reflect on your workplace programs“ and to ask the question “does the intent of your policies in practice remove barriers or create them?” 

The remainder of the day was filled with thought-provoking sessions on a wide variety of topics, including OFCCP’s approach to pay in audits, artificial intelligence, disability accommodations, ESG, OFCCP enforcement statistics and audit trends, military recruitment best practices and a whole host of other informative discussions.

We are looking forward to Day Two which will kick off with an address from EEOC Chair Charlotte Burrows.

Have a great evening and we’ll see you tomorrow!

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Photo of Laura A. Mitchell Laura A. Mitchell

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating…

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating legal risk. Laura is a guiding force in the firm’s most specialized and technical practice areas where she leverages an analytics-focused approach to partner with her clients in building legally compliant programs around which they can anchor their workplaces achieving productivity and stability.

Laura understands that creating a competitive advantage for employers in today’s workplace involves using a data-driven approach to counsel companies on the development of proactive and equitable non-discriminatory practices in hiring, promotions, separations and pay—and where advancements in technology can create both opportunities for efficiencies and risk that can be measured. Committed to putting her clients’ organizational goals first and foremost while balancing legal risk, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication. Staying the course with employers across their organizational journey while balancing legal compliance obligations throughout their employees’ lifecycle ensures Laura’s position as a go-to resource.

Laura works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize the combined vision of legal compliance, increased productivity and economic growth enhanced by a focus on pay equity.  As part of the pay equity journey, she advises employers on the evolving pay transparency landscape, working to align compliant practices with the practical realities of the business world.

Laura partners closely with government contractors to understand, implement and demonstrate compliance with their EEO regulatory and compliance obligations. She also works closely with non-government contractor clients to conduct risk assessments of their programs, policies, and training to align with federal and state anti-discrimination requirements.

Laura is the editor and a principal contributor of the GovCon Employment Exchange blog and presents on pay equity and government contractor obligations. To round out her days, Laura enjoys spending time with her family and friends attending sports events, working out, riding her bike, playing pickleball and taking in Colorado’s incomparable sunsets.