Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: EEOC

LabCorp settles with OFCCP for alleged bias in hiring and compensation

Posted in Affirmative Action, Discrimination, Equal Pay, Settlements
Laboratory Corporation of America has agreed to pay approximately $200,000 to resolve a matter with Office of Federal Contract Compliance Programs. According to the Conciliation Agreement between the parties, the OFCCP found statistically significant adverse impact against females in the selection process for Lab Assistant and that Asians were paid less than similarly situated non-Asian… Continue Reading

Are the OFCCP and the EEOC merging? Signs point to “No.”

Posted in Affirmative Action, Discrimination, Politics
Based on a recent Senate appropriations bill, it appears that the Trump Administration’s plan to merge the Equal Employment Opportunity Commission with the Office of Federal Contract Compliance Programs has stalled. The Senate bill would fund the OFCCP for Fiscal Year 2018 at approximately $103.5 million, which is more than the House’s proposed funding of $94.5 million.… Continue Reading

For “Labor Day” (get it?): Three pregnancy cases from the EEOC

Posted in Discrimination, Equal Pay, HR, Pregnancy
Happy Labor Day Weekend, y’all! The month of August was not kind to the Equal Employment Opportunity Commission. The EEOC’s wellness regulations were shot down by a federal court in the District of Columbia, and earlier this week the agency was told that it could not require employers to report compensation data on the new EEO-1 Reports. But the… Continue Reading

EEO-1 “pay data” requirement is on hold: The details

Posted in Affirmative Action, Discrimination, Equal Pay, HR, Politics
NOTE FROM ROBIN: Last night, I posted briefly that the EEOC’s requirement, starting next March 31, that employers include compensation data in their annual EEO-1 reports had been suspended. We now have more information, and I have drafted a client bulletin that will go out this afternoon. Because the blog subscription and bulletin subscription lists are… Continue Reading

BREAKING: EEO-1 “pay survey” reporting deadline suspended

Posted in Affirmative Action, Discrimination
This just in, from Randel Johnson, Vice President of Labor, Immigration, and Employee Benefits at the U.S. Chamber of Commerce: Members of the Chamber’s Labor Relations and Employee Benefits Committees: We have just learned that the deadline for compliance with the new EEO-1 form reporting requirement for data on hours and compensation will be stayed… Continue Reading

AARP’s wellness win against the EEOC: The “law nerd” version

Posted in Affordable Care Act, Alternative Dispute Resolution, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
(You’ve been warned.) As I reported Tuesday, a federal judge has ruled that the wellness regulations issued by the Equal Employment Opportunity Commission are invalid. Judge John D. Bates of the District of Columbia did not vacate the rules but remanded them to the EEOC to address the rules’ “failings.” Now that I’ve had a chance to read the… Continue Reading

WOW! Court invalidates EEOC wellness rules

Posted in Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
I’ve written about the AARP’s challenge to the wellness rules issued by the Equal Employment Opportunity Commission here, here, and here. Today, the court granted the AARP’s motion for summary judgment and denied the EEOC’s motion. I have not had a chance to read the opinion, but here it is. I’ll be back soon with some… Continue Reading

Does DOJ action on “race-conscious” college admissions mean anything for federal contractors?

Posted in Affirmative Action
Since the beginning of the Trump Administration, business owners, employers, and employees alike have been waiting to see what the effects on social policy will be. Of particular interest to employers, and especially federal contractors, is whether the Administration will bring about a more conservative approach to enforcement in the employment arena, including equal employment opportunity and affirmative… Continue Reading

You decide: Why the DOJ says Title VII does NOT prohibit sexual orientation bias

Posted in Discrimination, ENDA, Sexual Orientation
Last week, I had a short post about the position taken by the U.S. Department of Justice in the Zarda v. Altitude Express “gay skydiver” case. The DOJ has directly opposed the Equal Employment Opportunity Commission, which had also filed a brief in the case. The EEOC says that sexual orientation discrimination is prohibited by Title VII.… Continue Reading

DOL will coordinate VETS-4212 with new EEO-1 reporting requirements (as much as it can).

Posted in Affirmative Action
As we have reported previously, the EEO-1 filing process is changing. The EEO-1 reports that would have been required by September 30, 2017, now do not have to be filed until March 31, 2018. The “catch” is that the new EEO-1 reports will require compensation data from a workforce “snapshot” taken between October 1 and… Continue Reading

President Trump nominates Iraq veteran Daniel Gade to EEOC Commissioner spot

Posted in Americans with Disabilities Act, Discrimination, Politics
President Trump has nominated Daniel M. Gade to the last vacant slot on the Equal Employment Opportunity Commission. Dr. Gade, who has a Master’s and Ph.D. in Public Administration and Public Policy, is a veteran of the second Iraq War, and lost his right leg in 2005 after an explosion that occurred while he was carrying out… Continue Reading

Battle of the feds! DOJ, EEOC lock horns on sexual orientation bias

Posted in Discrimination, Sexual Orientation
Whoa. The U.S. Department of Justice and the Equal Employment Opportunity Commission are at cross purposes in the “gay skydiver” case. Are they ever. Do you remember Zarda v. Altitude Express? The U.S. Court of Appeals for the Second Circuit recently signaled that it might overrule its precedent holding that Title VII’s ban on sex discrimination… Continue Reading

EEOC sues over – get this – “Spanish-only” policy

Posted in Affirmative Action, Discrimination
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

Hate those EEOC regs? Here’s your big chance!

Posted in Discrimination, Politics
In February, President Trump issued Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” which directs federal agencies to establish regulatory reform task forces to make recommendations about repealing, replacing, or modifying existing regulations that do the following: eliminate jobs, or inhibit job creation; are outdated, unnecessary, or ineffective; impose costs that exceed benefits; create a serious inconsistency… Continue Reading

Please vote for us for the ABA Web 100: Reason #10

Posted in ABA Blawg 100
Reason No. 10: All of our posts are articulate, legitimate, and non-discriminatory! You don’t have to be a lawyer to vote. Just go to the page here and nominate Employment & Labor Insider, along with a short statement about why you like us. The deadline to submit nominations is Sunday, July 30. Thank you for your support! PS… Continue Reading

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

Trump nominates Janet Dhillon to head EEOC

Posted in Discrimination, Politics
Janet Dhillon, general counsel and corporate secretary for Burlington Stores, Inc., has been nominated by President Trump to fill a vacant seat on the Equal Employment Opportunity Commission and to become its Chair. If confirmed, Ms. Dhillon will serve a five-year term that will expire July 1, 2022. I was expecting him to nominate Victoria… 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

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