Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Affirmative Action

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Is “reverse discrimination” still a thing?

Posted in Affirmative Action, Discrimination
A recent study in Australia sought to determine whether “de-identifying” applications – removing any information relating to race and gender – would eliminate the effects of implicit or unconscious bias and “help promote gender equality and diversity in hiring. . . .” Surprisingly, the study found that non-minorities and males were more likely to be… Continue Reading

Are you ready for the new EEO-1 report?

Posted in Affirmative Action, Discrimination, Equal Pay, HR, Politics
The beginning of July conjures many images for Americans – barbecues, picnics, fireworks.  But for many employers, July also triggered preparation for the annual EEO-1 Report filing.  Until this year, covered employers were required to file their reports no later than September 30, and the data submitted had to be from any pay period in… Continue Reading

Unconfirmed complaints may be enough to trigger an early OFCCP audit

Posted in Affirmative Action
Can a year-old rumor be enough to bring the OFCCP running? One administrative law judge says it can. Judge Lystra Harris recently ruled that, because of an oral complaint of discrimination, Mega Construction Project subcontractor Baker DC, LLC, must allow an early on-site by the Office of Federal Contract Compliance Programs. To understand the problematic nature… Continue Reading

Pros and cons of the proposed EEOC-OFCCP merger

Posted in Affirmative Action, Discrimination, Politics
President Donald Trump has proposed to merge two of the primary government agencies focused on equal employment in the workplace – the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs.  Robin has discussed this proposed merger here, here, and here. She’s asked for input from the Affirmative Action team, so here it… Continue Reading

OFCCP: Like a dog with a bone

Posted in Affirmative Action, Discrimination, Settlements
Louise Davies is an Affirmative Action Paralegal in Constangy’s Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan College… Continue Reading

Trumpdate: Proposed budget shows “yuuuge” changes afoot in labor and employment arena

Posted in Affirmative Action, Benefits, Discrimination, Equal Pay, HR, Immigration, Labor Relations, Politics, Pregnancy, Safety, Unemployment, Wage-Hour
Yesterday, the Trump Administration released its proposed budget for Fiscal Year 2018, which runs from October 1, 2017, through September 30, 2018. Here are the highlights related to labor and employment law, and there are a BUNCH. The following is a compilation of a number of articles published in yesterday’s edition of Bloomberg BNA’s Daily Labor Report (paid… Continue Reading

Proposed merger of EEOC, OFCCP faces opposition from both sides

Posted in Affirmative Action, Discrimination, Elections, Politics
Last week, I wrote about a report in Bloomberg BNA that the Trump Administration was thinking about letting the Equal Employment Opportunity Commission “absorb” the Office of Federal Contract Compliance Programs. The idea had some appeal for me because both agencies enforce variants on federal prohibitions against discrimination. But I admitted that I hadn’t thought it through, and… Continue Reading

Here’s more on that Google-OFCCP donnybrook*

Posted in Affirmative Action, Discrimination, Equal Pay
*Donnybrook: Named for the Donnybrook Fair near Dublin, “a notoriously disorderly event, held annually from 1204 until the middle of the 19th century.” Meaning a “free-for-all; brawl; a usually public quarrel or dispute.” I promised earlier this month to have more detail about that decision by an Administrative Law Judge in the case filed against… Continue Reading

Trumpdate: NLRB finalists, EEOC to swallow up OFCCP?

Posted in Affirmative Action, Elections, Labor Relations, Politics
NLRB candidates being vetted. Bloomberg BNA reported last night that President Trump has settled on two candidates to fill the two vacant seats on the National Labor Relations Board. One is William Emanuel, a shareholder in the Los Angeles Office of the management-side law firm Littler Mendelsohn. Here is a link to his firm bio. The other… Continue Reading

Gender pay gap is primarily a result of personal choices — so, what can employers do?

Posted in Affirmative Action, Equal Pay, Work-Life Balance
A number of studies are showing that most, if not all, of the gender pay gap is explained by personal choices made by men and women. But how can employers protect themselves from claims of discrimination? The U.S. Bureau of Labor Statistics reports that, in 2015, women working full-time had median earnings that were 81 percent… Continue Reading

OFCCP versus Google: The battle continues.

Posted in Affirmative Action, Discrimination, Equal Pay
I posted in January about a lawsuit filed by the Office of Federal Contract Compliance Programs against Google, seeking to force Google to provide detailed information about its equal employment practices and affirmative action program, including compensation information. Google had already provided some information to the OFCCP but contended the information that it withheld was… Continue Reading

OFCCP secures $1.7 million settlement in failure-to-hire case

Posted in Affirmative Action, HR, Settlements
The Office of Federal Contract Compliance Programs and Palantir Technologies, a California-based technology company, have agreed to settle a pending lawsuit for about $1.7 million. We first reported on this case in October 2016. In its complaint, the OFCCP alleged that the Company used a discriminatory hiring process that resulted in a low selection rate for Asians, who made up… Continue Reading

Hiring benchmark for protected veterans is reduced again

Posted in Affirmative Action
The Office of Federal Contract Compliance Programs announced that the annual hiring benchmark under the Vietnam Era Veterans’ Readjustment Assistance Act has been lowered from 6.9 percent to 6.7 percent. This percentage represents the national percentage of veterans in the civilian labor force, which has decreased each year since 2014, when the OFCCP began requiring the… Continue Reading

Fair Pay and Safe Workplaces: The fat lady has sung!

Posted in Affirmative Action
Game Over. Dunzo. Finito. Bye Felicia. These are things we can now officially say about the Fair Pay and Safe Workplaces Rule. On Monday, President Trump signed a Congressional joint resolution of disapproval into law, officially invalidating the Fair Pay and Safe Workplaces Rule. Congress legislatively vetoed the Rule by using the Congressional Review Act, its… Continue Reading

It’s OFCCP audit time! Six questions contractors should ask themselves

Posted in Affirmative Action
Louise Davies is an Affirmative Action Paralegal in Constangy’s Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan College… Continue Reading

Are your federal contractor employees required to have privacy training?

Posted in Affirmative Action
The Federal Acquisition Regulations were recently updated to include a requirement that certain federal contractors provide privacy training to some of their employees. The training obligation does not apply to all employees of contractors who are subject to the requirement, and the requirement does not apply to all federal contractors. Effective January 19, 2017, contracting officers should be… Continue Reading

Fair Pay and Safe Workplaces and its “executioner”: The Congressional Review Act

Posted in Affirmative Action, Elections, Politics
The U.S. Senate has passed, 49-48, a resolution of disapproval of the Fair Pay and Safe Workplaces rule. The resolution of disapproval passed the House in February, and we’ve reported on it here and here. If the President signs the resolution, as is expected, then Fair Pay and Safe Workplaces will be dead. The controversial rule, issued by… Continue Reading

OFCCP issues updated “pay transparency” notices

Posted in Affirmative Action
Although the Office of Federal Contract Compliance Programs has not announced a requirement that contractors update their Pay Transparency Nondiscrimination Provision, the agency has updated its required posters and language.  Links to the new versions can be found here (formatted) and here (unformatted). The new versions do not contain substantive changes; they merely add the regulatory citation to… Continue Reading

Is the new EEO-1 form here to stay? Maybe yes, and maybe no . . .

Posted in Affirmative Action, Equal Pay
As we have previously reported, the new EEO-1 Form is set to be used as of March 31, 2018, for the October-December “snapshot” period in 2017. The new form will require federal contractors and employers with 100 or more employees to provide summary compensation data to the Equal Employment Opportunity Commission in each EEO-1 category, divided… Continue Reading

New voluntary self-ID (disability) form is now available

Posted in Affirmative Action
On January 31, the Office of Federal Contract Compliance Programs announced that the voluntary self-identification form for individuals with disabilities has been renewed through 2020. The renewed form remains the same with the exception of the new expiration date of January 31, 2020. Federal contractors should begin to use the renewed form or update their electronic… Continue Reading

UPDATE: House votes to disapprove Fair Pay & Safe Workplaces Rule

Posted in Affirmative Action, Elections, Politics
Yesterday the U.S. House of Representatives voted to permanently block implementation of the Fair Pay & Safe Workplaces Rule, also known as the contractor “Blacklisting Rule.” With a 236-187 vote, the joint resolution disapproving the Rule easily passed in the House and will now head to the Senate. As we discussed earlier this week, Congress can… Continue Reading

Fair Pay & Safe Workplaces Rule is on the chopping block

Posted in Affirmative Action, Elections, Gender Identity Discrimination, Politics, Sexual Orientation
In good news for federal contractors, Congress has taken its first step toward permanently blocking implementation of the Fair Pay & Safe Workplaces Rule, also known as the contractor “Blacklisting” Rule.  As we have discussed previously, the Rule (which includes regulations and guidance implementing President Obama’s Executive Order 13673) requires federal contractors bidding on contracts worth… Continue Reading