Government Contract Update Focuses on Human Rights: FAQ
by Kelly Eisenhardt
Human rights regulations and transparency requirements continue to be an emerging trend worldwide. Many companies are seeking legal advice in order to identify reporting requirements and to build risk mitigation strategies.
Sarah Altschuller is an attorney at Foley Hoag LLP, one of the first law firms to develop a practice assisting clients with corporate social responsibility, international risk management, and globalization strategies. The CSR practice group’s clients include governments, multilateral institutions, and members of the extractive, manufacturing, agribusiness, financial services, and high technology business sectors.
What are some of the specifics of the new amendments to the Federal Acquisition Regulation and how will these changes impact businesses?
In late January, the U.S. Government released final amendments to the Federal Acquisition Regulation that are intended to strengthen existing prohibitions and requirements related to human trafficking. These requirements, which go into effect on March 2, are applicable to all federal contractors.
Prior to the new amendments, federal contractors were already prohibited from engaging in severe forms of trafficking and from using forced labor. Under the prior rule, companies, and their subcontractors, had to have procedures in place to notify employees of these prohibitions. The new amendments strengthen these prohibitions, in part by clarifying which specific activities are prohibited. For example, with the new amendments, federal contractors and their subcontractors are explicitly prohibited from charging recruitment fees or from confiscating of employees’ identity or immigration documents.
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Kelly Eisenhardt is Co-Founder and Managing Director at BlueCircle Advisors, an environmental compliance and sustainability consulting and training firm based in Massachusetts (www.bluecircleadvisors.com.) In her role at BlueCircle Advisors, she is responsible for providing business intelligence, strategy and implementation of environmental, social and governance (ESG) risk programs. Her experience aligns well with her client’s needs for technology, compliance, and sustainability expertise by helping companies create and manage their corporate environmental and social responsibility programs. She specializes in strategy, planning, and reporting for Conflict Minerals, RoHS, and REACH. She is also a member of the Corporate Responsibility Association and participates in the Ratings and Rankings, as well as Responsible Supply Chain committees. Click here to learn more about Kelly.
