Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: Affirmative Action

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

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
Stephanie UnderwoodOn 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

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

EEOC finalizes rule on federal employees with disabilities – but will it survive the “freeze”?

Posted in Affirmative Action
On January 3, the Equal Employment Opportunity Commission issued final regulations intended to increase the number of individuals with disabilities employed by federal agencies. The new regulations require that each federal agency aim to have a workforce of which 12 percent have disabilities and 2 percent of that 12 percent have “targeted” or severe disabilities. A list… Continue Reading

Recent OFCCP settlements remind contractors about importance of recordkeeping

Posted in Affirmative Action
Within the past month, the Office of Federal Contract Compliance Programs has announced two settlements and filed one administrative complaint involving alleged discrimination in the hiring process. Southern Glazer’s Wine and Spirits of Louisiana, LLC, has agreed to pay $175,000 to settle allegations that it discriminated against black applicants for warehouse positions. Hormel Foods Corp. will… Continue Reading

OFCCP sues Google for comp, employee data

Posted in Affirmative Action
Every year, typically in the fall, federal contractors across the nation receive scheduling letters from the Office of Federal Contract Compliance Programs informing them that they have been selected for compliance reviews. The letters request a wide range of information establishing the contractors’ compliance with Executive Order 11246, the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance… Continue Reading

Fair Pay and Safe Workplaces is mostly gone — but not the pay transparency part

Posted in Affirmative Action
Federal contractors were thrilled when Judge Marcia Crone issued a preliminary injunction in late October against President Obama’s Fair Pay and Safe Workplaces Executive Order. But Judge Crone’s decision did not block the entire rule. Although the preliminary injunction kept the bulk of the rule from going into effect, the portion requiring pay transparency took effect on January… Continue Reading

Employment and labor law developments (and a few other things) I’m thankful for

Posted in Affirmative Action, Discrimination, Elections, FOCUS, Gender Identity Discrimination, Labor Relations, Public Sector Employment, Settlements, Sexual Orientation
This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too. BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S. Department of Labor’s new rule governing white-collar exemptions under the Fair Labor Standards Act was struck… Continue Reading

Deadline to comment on pay transparency language is next Tuesday

Posted in Affirmative Action
Last chance! The deadline to comment on the Interim Rule that adds pay transparency language to government contracts is this coming Tuesday, November 29. On September 30, 2016, the U.S. Department of Defense, General Services Administration, and National Aeronautics and Space Administration issued an interim rule  called “Non-Retaliation for Disclosure of Compensation Information,” which amends the… Continue Reading

DOL’s new online tool may result in more OFCCP complaints

Posted in Affirmative Action, Discrimination, Labor Relations, Retaliation, Safety, Wage-Hour
The U.S. Department of Labor recently rolled out www.worker.gov, an online tool designed to help employees file various types of complaints against their employers. The White House announced that the website will assist individuals “if they have had wages stolen, been injured on the job, faced discrimination, or been retaliated against for joining together to… Continue Reading

Weekly catch-up

Posted in Affirmative Action, Class actions, ConstangyTV, Elections, Equal Pay, FOCUS, Gender Identity Discrimination, Labor Relations, Protected Concerted Activity, Safety, Sexual Orientation, Wage-Hour, Work-Life Balance
Effect of Election 2016 on labor and employment law. We asked our practice group heads and some thought leaders to tell us how they think employers will be affected by a Trump Administration on specific labor and employment law issues. This client bulletin is packed with prognostication about what we may see in the areas of affirmative action and… Continue Reading