Welcome to the DCI Consulting Blog

Just in time for the holidays: DCI’s Dr. Dunleavy helps publish book on Adverse Impact

December 19, 2016

For those interested in adverse impact analysis, we strongly recommend reading the new book Adverse Impact Analysis - Understanding Data, Statistics, and Risk. The book, co-edited by Dr. Scott Morris (Illinois Institute of Technology) and our own ...

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EEOC Hearing on Big Data: Thoughts on Present and Future Usage

November 15, 2016

On October 13, 2016, a wide variety of experts, ranging from data scientists to lawyers, testified at the EEOC to highlight the implications of big data for the American workplace. Big data, as defined by the EEOC press release, includes “the use of...

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EEOC Wins Major Victory Regarding Harassment Based On Sexual Orientation – Part I

November 14, 2016

This is the first of two Alerts.  Part I below discusses EEOC v. Scott Medical Health Center [2016 U.S. Dist. LEXIS 153744], decided on November 4, 2016 by Judge Cathy Bisoon of the Western District of Pennsylvania.  The Scott ruling is summarized ...

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11th Circuit Rules Adverse Impact Is Not a Viable ADEA Claim for Applicants

November 11, 2016

The case is Villarreal v. R.J. Reynolds [2016 U.S. App. LEXIS 18074] decided on October 5, 2016 in an 8 to 3 en banc ruling by the 11th Circuit. At issue was an advertisement by the defendant for recent college graduates. Richard Villarreal, the...

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DCI Attended the SHRM D&I Conference

November 10, 2016

DCI Consulting Group (DCI) had representatives attend the SHRM Diversity and Inclusion (D&I) conference held October 25-27, 2016 in Austin, TX. A draw for the conference was to hear from business leaders on D&I initiatives, such as aligning D&I...

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OFCCP Updates between Administrations

November 09, 2016

The election has passed, and soon there will be changes at OFCCP. These changes primarily include a new politically appointed OFCCP Director and the shifts this new leadership will bring with it. Looking forward, we have noted recent changes in the...

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GAO OFCCP Recommendations: Have We Met Before?

November 07, 2016

In light of Pat Shiu’s recent departure from OFCCP (as of 11/6/16) and the continuous buzz around the OFCCP-focused GAO report, we wonder… what’s next? As a follow-up to DCI’s 9/29/16 blog, we wanted to share some interesting similarities between...

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Camp v. Bi-Lo LLC 6th Circuit Rules That Essential Job Functions Must Be Proven

November 04, 2016

In Camp v. Bi-Lo, decided October 21, 2016 [2016 U.S. App. LEXIS 19053] by the 6th Circuit, Kenneth Camp worked for Bi-Lo as a grocery stocker for 38 years even though he had a bad back (due to scoliosis) the entire time.  He worked the night shift...

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Sequel To OFCCP Lawsuit Against Palantir A Note on Word-Of-Mouth Recruitment

November 02, 2016

In a recent Alert, I discussed the OFCCP’s filing of a law suit with the Office of ALJs against Palo Alto company Palantir, a technology company.  The claim is that Palantir discriminated systematically against Asian job applicants in hiring in...

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Cisco Systems Wins Summary Judgment in Race Discrimination Claim Based on Voluntary Self-Disclosure of Race Data

October 31, 2016

The case is Dougboh v. Cisco Systems, Inc. decided on 10/24/16 by Judge William J. Martini of the District Court of New Jersey.  The ruling may be read here.

 

The facts of the case are that Pascal Doughboh applied online for hundreds of jobs at...

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Texas Judge Issues a Preliminary Injunction Shutting Down the Fair Pay and Safe Workplaces Rule

October 25, 2016

On October 24th, 2016, one day before the new Fair Pay and Safe Workplaces Rule was to take effect, a federal judge in Texas issued a preliminary injunction shutting down the “blacklisting” rule.  The Associated Builders and Contractors of Southeast...

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Final Changes Announced for EEO-1 Survey

October 18, 2016

One day before the September 30 deadline for the 2016 EEO-1 filing season, the EEOC put out a press release announcing that changes to the EEO-1 report have now been finalized. The changes were initially proposed in February, and have since...

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DCI’s Director of Personnel Selection and Litigation Support Dr. Eric Dunleavy testified at EEOC on behalf of SHRM on big data

October 17, 2016

Dr. Eric M. Dunleavy, Director of the Personnel Selection and Litigation Support Services Group at DCI Consulting, spoke on behalf of the Society for Human Resource Management (SHRM) at an EEOC Public Commission Meeting on October 13th, 2016. This...

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The Trojan Horse: Poor Data Management or Disparate Impact?

October 17, 2016

A September 26th OFCCP News Release indicated that OFCCP is suing Palantir Technologies for systemic discrimination against Asian job applicants in three job titles: Quality Assurance Engineer, Software Engineer, and Quality Assurance Engineer...

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DOL Issues Final Rule on Paid Sick Leave for Federal Contractors

October 14, 2016

On September 30, 2016, the U.S. Department of Labor’s (DOL) Wage and Hour Division published the Final Rule implementing Executive Order 13706, which requires covered federal contractors to provide up to seven days (56 hours) of paid sick leave...

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State of California tightens equal pay regulations

October 12, 2016

Similar to the Massachusetts Pay Equity law passed earlier this year, California Governor Jerry Brown signed an additional anti-wage discrimination bill on Sept. 30th that bans using prior salary as a baseline for setting compensation. This law...

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Could Middle East/North Africa Soon Be a New Racial Category?

October 06, 2016

On September 30, 2016, the Office of Management and Budget (OMB) advanced a proposal with a notice to the Federal Register to create a new racial or ethnic category.

Currently people from the Middle East and North Africa are considered “white” in...

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OFCCP SUES PALO ALTO TECH COMPANY FOR SYTEMIC DISCRIMINATION IN HIRING

October 04, 2016

On 9/21/16 the OFCCP filed suit with the Office of ALJs against Palo Alto Palantir, a technology company. The claim is that Palantir discriminated systematically against Asian job applicants in hiring in comparison to Non-Asian applicants for three...

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GAO Orders Changes in how OFCCP Selects Contractors for Audits

September 29, 2016

In a report released on 9/22/16, the Government Accountability Office (GAO) offered a rather stinging criticism of how the OFCCP selects contractors for audit and recommended (or should we say ordered) changes in the process.  The GAO describes the...

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GAO Orders Changes in how OFCCP Selects Contractors for Audits

September 29, 2016

In a report released on 9/22/16, the Government Accountability Office (GAO) offered a rather stinging criticism of how the OFCCP selects contractors for audit and recommended (or should we say ordered) changes in the process. The GAO describes the...

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EEO-1 Deadline is Fast Approaching: Employers Get in Check

September 27, 2016

The deadline for filing your 2016 EEO-1 reports is right around the corner on September 30. At this time, federal contractors and subcontractors with 50 or more employees and a contract amounting to $50,000 or more need to ensure that reports are...

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EEO-1 Deadline is Fast Approaching: Employers Get in Check

September 27, 2016

The deadline for filing your 2016 EEO-1 reports is right around the corner on September 30. At this time, federal contractors and subcontractors with 50 or more employees and a contract amounting to $50,000 or more need to ensure that reports are...

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Fair Pay and Safe Workplaces: How Fair Is It?

September 26, 2016

As most of our blog readers are aware, the final FAR rule and DOL guidance was published in the Federal Register on August 25, 2016 implementing President Obama’s issued Executive Order 13673: Fair Pay and Safe Workplaces (FPSW). Although the goal...

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Fair Pay and Safe Workplaces: How Fair Is It?

September 26, 2016

As most of our blog readers are aware, the final FAR rule and DOL guidance was published in the Federal Register on August 25, 2016 implementing President Obama’s issued Executive Order 13673: Fair Pay and Safe Workplaces (FPSW). Although the goal...

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Audit Trend: Are You FACTORing in Your AVAILABLITY?

September 23, 2016

In recent months,  OFCCP has exhibited an increased interest in the underlying data that are key to federal contractors’ factor availability analyses. DCI has experienced an increase in requests for information focused on census occupation codes and...

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Audit Trend: Are You Factoring in Your Availability?

September 23, 2016

In recent months, OFCCP has exhibited an increased interest in the underlying data that are key to federal contractors’ factor availability analyses. DCI has experienced an increase in requests for information focused on census occupation codes and...

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THE INSTITUTE SUBMITS FINAL COMMENTS ON PROPOSED EEO-1 UPDATES

September 07, 2016

What’s Happened So Far?

In February 2016, the EEOC announced proposed changes to EEO-1 reporting that would require all employers with 100 or more employees to report annual pay data (i.e., W-2 earnings and hours worked) by 12 salary bands, in...

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THE INSTITUTE SUBMITS FINAL COMMENTS ON PROPOSED EEO-1 UPDATES

September 07, 2016

What’s Happened So Far?

In February 2016, the EEOC announced proposed changes to EEO-1 reporting that would require all employers with 100 or more employees to report annual pay data (i.e., W-2 earnings and hours worked) by 12 salary bands, in...

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DCI Staff Present at 2016 NILG Conference

September 06, 2016

The 34th Annual Conference for the National Industry Liaison Group was held August 2-5, 2016 in Charlotte, NC. This conference brings together members of the federal contractor community, including practitioners, employers, and OFCCP/EEOC officials....

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DCI Staff Present at 2016 NILG Conference

September 06, 2016

The 34th Annual Conference for the National Industry Liaison Group was held August 2-5, 2016 in Charlotte, NC. This conference brings together members of the federal contractor community, including practitioners, employers, and OFCCP/EEOC officials....

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We Might be Paid Differently, But Are Our Jobs Really the Same?

September 05, 2016

Based on feedback at NILG, we thought our clients may have interest in some background research that we shared in our NILG session: We Might be Paid Differently, But Are Our Jobs Really the Same? A significant portion of the presentation focused on...

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We Might be Paid Differently, But Are Our Jobs Really the Same?

September 05, 2016

Based on feedback at NILG, we thought our clients may have interest in some background research that we shared in our NILG session: We Might be Paid Differently, But Are Our Jobs Really the Same? A significant portion of the presentation focused on...

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Can OFCCP release a company’s “notice of violation” to the public?

September 01, 2016

Like other major tech companies, Microsoft’s employment practices are under scrutiny following a class action lawsuit. The case, Moussouris v. Microsoft Corporation Case No. 15 cv 1483 was originally filed by attorneys in 2015 and alleges the...

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New Massachusetts Pay Equity Law

August 31, 2016

On August 1, 2016, Massachusetts Governor Charlie Baker, signed “an act to establish pay equity.” The law passed unanimously in the House and Senate to remedy the gender wage gap. It clarifies the previously ambiguous definition of comparable work....

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New Massachusetts Pay Equity Law

August 31, 2016

On August 1, 2016, Massachusetts Governor Charlie Baker, signed “an act to establish pay equity.” The law passed unanimously in the House and Senate to remedy the gender wage gap. It clarifies the previously ambiguous definition of comparable work....

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7th Circuit Rules Against Complaint of Discrimination Based on Sexual Orientation

August 29, 2016

The case is Hively v. Ivy Tech Community College decided on July 28, 2016.  The facts of the case are that Kimberly Hively was hired by the college as a part-time adjunct professor in 2000.  Subsequently, she applied for six different full time...

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7th Circuit Rules Against Complaint of Discrimination Based on Sexual Orientation

August 29, 2016

The case is Hively v. Ivy Tech Community College decided on July 28, 2016. The facts of the case are that Kimberly Hively was hired by the college as a part-time adjunct professor in 2000. Subsequently, she applied for six different full time...

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Breaking: Fair Pay and Safe Workplaces

August 24, 2016

The Labor Department and the Federal Regulatory Council published final guidance and regulation on the Fair Pay and Safe Workplaces.  DCI will evaluate this new rule and will provide insight and perspective in the near future.

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Breaking: Fair Pay and Safe Workplaces

August 24, 2016

The Labor Department and the Federal Regulatory Council published final guidance and regulation on the Fair Pay and Safe Workplaces. DCI will evaluate this new rule and will provide insight and perspective in the near future.

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The 2016 Survey Results on Disability Self-Identification Rates

August 09, 2016

In accordance with the revised Section 503 regulations, federal contractors are required to invite applicants and employees to voluntarily disclose disability status and include these figures in their affirmative action plans. This information is...

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The 2016 Survey Results on Disability Self-Identification Rates

August 09, 2016

In accordance with the revised Section 503 regulations, federal contractors are required to invite applicants and employees to voluntarily disclose disability status and include these figures in their affirmative action plans. This information is...

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OFCCP Scheduling Letters sent over the Summer

August 01, 2016

Did you receive a scheduling letter this summer? If so, you’re not alone. DCI has seen a wave of OFCCP scheduling letters received by establishments in June and July. Many of the audit letters were for establishments that were on the Corporate...

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OFCCP Scheduling Letters sent over the Summer

August 01, 2016

Did you receive a scheduling letter this summer? If so, you’re not alone. DCI has seen a wave of OFCCP scheduling letters received by establishments in June and July.  Many of the audit letters were for establishments that were on the Corporate...

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Having A Sexual Harassment Policy Is Not Good Enough - It Has To Be Properly Employed

July 29, 2016

The rules for sexual harassment, as established by the Supreme Court in Burlington v. Ellerth (1998) [544 U.S. 72] and Faragher v. Boca Raton [544 U.S. 775], make it clear that an employer is strictly liable for quid pro quo harassment, but has an...

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Having A Sexual Harassment Policy Is Not Good Enough - It Has To Be Properly Employed

July 29, 2016

The rules for sexual harassment, as established by the Supreme Court in Burlington v. Ellerth (1998) [544 U.S. 72] and Faragher v. Boca Raton [544 U.S. 775], make it clear that an employer is strictly liable for quid pro quo harassment, but has an...

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New Process for EEO-1 Data File Uploads in 2016

July 25, 2016

The filing period for the 2016 EEO-1 and VETS-4212 reports is quickly approaching, and the 2016 Survey for EEO-1 reports is expected to open at some point next week. Companies will then have until September 30th to complete these annual filing...

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New Process for EEO-1 Data File Uploads in 2016

July 25, 2016

The filing period for the 2016 EEO-1 and VETS-4212 reports is quickly approaching, and the 2016 Survey for EEO-1 reports is expected to open at some point next week. Companies will then have until September 30th to complete these annual filing...

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EEO-1 Report Pay Reporting Revision Now in Federal Register!

July 14, 2016

Today, July 14, the EEOC published an update of the EEO-1 pay data reporting proposal in the Federal Register, announcing a second public comment period.  The second round of public comments are due on August 15, 2016.

Unfortunately, many of the...

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$7.2 Million Sex Discrimination Case Settled

July 14, 2016

Medicis Pharmaceutical Corporation, owned by Valeant, will pay $7.2 million to settle a gender discrimination class action claim.  The allegations include disparate compensation and bonuses on the basis of sex, and also include a sexually hostile...

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$7.2 Million Sex Discrimination Case Settled

July 14, 2016

Medicis Pharmaceutical Corporation, owned by Valeant, will pay $7.2 million to settle a gender discrimination class action claim. The allegations include disparate compensation and bonuses on the basis of sex, and also include a sexually hostile...

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EEO-1 Report Pay Reporting Revision Now in Federal Register!

July 14, 2016

Today, July 14, the EEOC published an update of the EEO-1 pay data reporting proposal in the Federal Register, announcing a second public comment period. The second round of public comments are due on August 15, 2016.

Unfortunately, many of the...

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OFCCP’s Scheduling Letter and Itemized Listing Renewed by OMB for Three Years

July 06, 2016

OFCCP announced on July 1, 2016 that the Scheduling Letter and Itemized Listing has received OMB approval, and has been renewed through June 30, 2019 with a few minor changes. The new scheduling letter takes effect immediately, and will be used to...

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OFCCP’s Scheduling Letter and Itemized Listing Renewed by OMB for Three Years

July 06, 2016

OFCCP announced on July 1, 2016 that the Scheduling Letter and Itemized Listing has received OMB approval, and has been renewed through June 30, 2019 with a few minor changes. The new scheduling letter takes effect immediately, and will be used to...

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Updated Sex Regulations Require No New Imposed Policy Changes

July 05, 2016

On June 15, 2016, OFCCP published its final rule updating the sex discrimination guidelines (41 C.F.R. part 60-20) from their period of dormancy since the 1970s. The long-awaited revisions, while reinforcing already-established sex discrimination...

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Updated Sex Regulations Require No New Imposed Policy Changes

July 05, 2016

On June 15, 2016, OFCCP published its final rule updating the sex discrimination guidelines (41 C.F.R. part 60-20) from their period of dormancy since the 1970s. The long-awaited revisions, while reinforcing already-established sex discrimination...

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Testing Settlements are Alive and Well: Investigate and Validate

June 30, 2016

Two recent OFCCP settlements emphasize the importance of monitoring adverse impact throughout all steps of the hiring process: Gordon Food Service (GFS) and The Aqualon Company.

GFS, a food distribution company, implemented a hiring process that...

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OFCCP Audit Trends: Follow-up Requests before the Desk Audit Submission

June 28, 2016

DCI has recently seen an increase of audit “pre-requests,” in which a compliance officer requests that a contractor submit additional items to those found in the Itemized Listing. This request is made by OFCCP prior to receiving the contractor’s...

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Supreme Court Supports University in 4-3 Vote Fisher v. University of Texas

June 27, 2016

The majority ruling was written by Justice Kennedy (for Breyer, Ginsburg & Sotomayor).  Justice Thomas wrote a one-page dissent in which he opined that he would have overturned Grutter v. Bollinger (2003, and a much longer dissent by Alito (for...

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Veteran Hiring Benchmark Updated to 6.9%

June 24, 2016

OFCCP has updated the annual Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark, which is based on 2015 end-of-year data from the Bureau of Labor Statistics (BLS). Effective on March 4, 2016, the Annual National Benchmark is now...

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Bank of America Ruling: Win Against Data Aggregation

June 07, 2016

In OFCCP v. Bank of America (BOA), the Administrative Review Board (ARB) overturned OFCCP’s allegation that BOA discriminated against Blacks in 2002-2005. As described in another blog in this series, the basis for the ARB reversal of the 2002-2005...

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Huge Win for Federal Contractors: Statistical significance alone is not enough to prove a claim of discrimination

June 06, 2016

In an earlier blog  in this alert, Art Gutman summarized the April 21, 2016  Department of Labor Administrative Review Board (ARB) ruling related to a long-standing set of OFCCP allegations against Bank of America (BOA). This ruling serves as a...

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Bank of America Fights Back

June 03, 2016

As reported previously, an Administrative Law Judge (ALJ) found Bank of America (BOA) (previously Nations Bank) guilty of a pattern or practice of discrimination of race discrimination in hiring for entry level jobs, and was ordered to pay $964,033...

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Gordon Food Service Settles with OFCCP for $1.85 Million

June 01, 2016

On May 11, OFCCP announced that Gordon Food Service (GFS) settled with the agency, agreeing to pay $1.85 million to female applicants to resolve allegations of hiring discrimination for laborer positions at four separate locations:  two in Michigan,...

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OFCCP v. Bank of America - 23 Years Later

May 31, 2016

There are two cases here.  The first case was in 1993 and the second one covered 2002 to 2005.  An Administrative Law Judge (ALJ) found Bank of America (BOA) (previously Nations Bank) guilty of a pattern or practice of discrimination of race...

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DCI Staff Attend SIOP's 31st Annual Conference in Anaheim, California

May 17, 2016

The 31st Annual Conference for the Society of Industrial and Organizational Psychology (SIOP) was held April 14-16, 2016 in Anaheim, California. This conference brings together members of the I/O community, both practitioners and academics, to...

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“Ban the Box” Proposed Regulation for Federal Government Positions

May 16, 2016

On May 2, 2016, the U.S. Office of Personnel Management (OPM) published in the Federal Register a proposed rule with request for comments. Comments must be received on or before July 1, 2016. Under the proposed rule, early inquiries (e.g., during...

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Reminder: Adjusted thresholds for VEVRAA compliance

May 13, 2016

A recently updated OFCCP infographic illustrates the jurisdictional thresholds triggering the requirement for contractors to comply with nondiscrimination and affirmative action requirements. Every five years, the Federal Acquisition Regulatory...

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Revised Functional AAP Directive

May 11, 2016

The OFCCP announced a new Functional Affirmative Action Plan (FAAP) directive this week, which is effective as of April 28, 2016 through April 30, 2019. Although largely unchanged, there are some important updates for federal contractors to note...

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Fiscal Year 2016: 6-Month Enforcement Updates and a Review of OFCCP Trends

April 19, 2016

Over the past six months, DCI has continued to monitor OFCCP enforcement trends and priorities regarding compliance evaluations in FY 2016. In our 2015 blog we noted a reduction in the number of new audit scheduling letters received throughout 2015,...

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The OFCCP Institute Submits Comments on Proposed EEO-1 Updates

April 18, 2016

In response to the call for public comments, The OFCCP Institute submitted comments regarding the EEOC’s proposed update to the EEO-1 annual report. The OFCCP Institute’s feedback addresses concerns about the burden estimate and pay data proposed...

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Updated Fact Sheet on EEOC Litigation Regarding Title VII and LGBT-Related Discrimination

April 15, 2016

The original guidance on Title VII & LGBT discrimination was published in December 2012.  The update, which includes recent cases, settlement, amicus briefs was published on 3/1/16 and may be viewed here. The original goals, as stated in the update,...

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Pay Equity on Center Stage

April 12, 2016

Today marks Equal Pay Day, which symbolizes the extra days of the year, on average, women must work to earn what men earned in the previous year. Pay equity is attracting a lot of attention in the news, in particular with the tech industry. Facebook...

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The Wall Street Journal Reports on OFCCP Pay Investigation Results

April 05, 2016

On March 15, 2016, The Wall Street Journal released an article focusing on the results of pay discrimination investigations carried out by the Office of Federal Contracts Compliance Programs (OFCCP) through their standard compliance review process....

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What’s the theory behind base pay discrimination?

April 04, 2016

Recently DCI has noted a new trend in OFCCP enforcement of alleged base pay discrimination. Specifically, upon identifying statistical disparities in base pay, OFCCP has proceeded to enforcement under a theory of disparate impact rather than the...

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EEOC Holds Hearing on Proposed Changes to EEO-1 Form

March 30, 2016

On March 16, 2016, the EEOC held a public hearing on its proposed revisions to the Employee Information Report (EEO-1). The hearing opened with statements from each of the EEOC commissioners.  Following the EEOC opening statements, OFCCP Director,...

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Understanding the attorney-client relationship: Know your rights

March 29, 2016

Federal contractors doing business with the federal government must comply with the regulations enforced by OFCCP and during a compliance evaluation, they must submit all items on the scheduling letter. However, some of the proactive analyses that...

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Statistical Analysis: Capitalizing on Chance

March 14, 2016

Most scientific studies include people talking about “statistically significant” results that support whatever effect they are examining, typically mentioning p-values less than .05 as sufficient evidence. This is true in adverse impact analyses as...

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Monthly Extension of the FAAP Agreement Directive

March 11, 2016

The application and approval process for entering into a Functional Affirmative Action Program (FAAP) agreement with the OFCCP is outlined in Directive 305 (renumbered to 2013-01), which became effective on December 17, 2012.

The OFCCP is currently...

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Paid Sick Leave Requirements for Federal Contractors

March 08, 2016

On February 25, 2016, a Notice of Proposed Rulemaking (NPRM) was published in light of President Obama’s Executive Order 13706.  The Executive Order, which was signed on September 7, 2015, requires organizations that enter into covered federal...

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State Equal Pay Laws: On the Rise

March 04, 2016

In addition to the federal government’s national focus on the gender pay gap, individual states have recently been furthering their own agendas for addressing sex disparities in pay as well. Amendments to fair pay laws in both California and New York

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Resurvey: How do your Disability Self-ID rates measure up?

March 01, 2016

Last spring, DCI surveyed Federal contractors to assess participation rates regarding the revised Section 503 regulations (2015 results). The majority of contractors have likely reached a year of full compliance and implementation under the revised...

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Reading Between the [Budgetary] Lines – What’s in store for FY 2017?

February 29, 2016

Since the release of OFCCP’s FY 2017 budget justification on February 8, 2016, the federal contractor community has been buzzing, as OFCCP’s requests shed light on the agency’s enforcement priorities for the near future. Given the current political...

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OFCCP Settles With Reynolds Consumer Products On Blanket Exclusions Based on Criminal Background Checks

February 26, 2016

The settlement, announced on February 22, 2016, calls for, among other things, payment of $86,000 to 74 black applicants from the period between March 2007 and February 2008, as well as the promise to offer jobs to seven of the class members as they...

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EEOC On Warpath Against Transgender Discrimination

February 02, 2016

In a recent alert, I summarized the results of Chavez v. Credit Nation Auto Sales, a Title VII case decided by the 11th Circuit on January 14, 2016 [2016 U.S. App. LEXIS 598].  I also noted a prior 11th Circuit 14th Amendment ruling in Glenn v....

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Practical versus Statistical Significance

February 02, 2016

In our previous blog on the topic of statistical significance, we discussed how to interpret the meaning of "statistically significant."  In this blog, we want to expand on the topic by discussing the difference between statistical and practical...

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Audit Timeframe for Data Requests

February 02, 2016

The Scheduling Letter and Itemized Listing, reviewed and approved by the Office of Management and Budget (OMB), set the framework for what data are required to submit in a compliance review.  Specifically, item 18 in the Itemized Listing requires...

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Don’t be so insecure! Ensure data submitted to OFCCP is protected

February 02, 2016

Given the high prevalence of data security breaches and identity theft today, organizational leadership should be making the protection of their consumers’ and their employees’ confidential information a high priority. It is no surprise that federal...

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A Brief Summary of the EEOC’s Pay Equity Addition to the EEO-1 Report

February 01, 2016

DCI reported on Friday the release of the EEOC’s revision to the Employer Information Report (EEO-1), which was officially published in the Federal Register today, February 1, 2016.  The EEO-1 report will continue to collect the race/ethnicity and...

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Obama to Announce Proposed Pay Equity Reporting Requirement

January 29, 2016

Today, on the anniversary of the Lilly Ledbetter Fair Pay Act, President Obama will announce that the EEOC is proposing a pay equity report that will be added to the existing EEO-1 report. This proposed revision would require all employers with 100...

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Summary Judgment on ADA Claim Overturned Using Relaxed Standards Americans With Disabilities Amendments Act (2008 - ADAAA)

January 26, 2016

The case is Cannon v. Jacobs Field Services (JFS) decided on January 13, 2016 by the 5th Circuit Court [2016 U.S. App. LEXIS 531].  The facts of the cases were that JFS made Michael Cannon, a mechanical engineer with 20 years experience, a...

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Terminated Transgender Employee Raises Triable Sex Discrimination Issue Under Title VII Mixed-Motive Theory

January 25, 2016

The case is Chavez v. Credit Nation Auto Sales decided by the 11th Circuit on January 14, 2016 [2016 U.S. App. LEXIS 598].  This is not the first time the 11th Circuit has ruled in favor of a terminated female transgender employee.  The 11th Circuit...

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What Does a Statistically Significant Standard Deviation Mean?

January 20, 2016

In this multi-part blog series, we will cover various topics relevant to the Federal Contractor community as it relates to statistical analyses. We begin our series with a topic that is often misunderstood by both practitioners and enforcement...

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New Year’s Resolutions: What to Expect in 2016 with the OFCCP?

January 18, 2016

As contractors prepare for 2016, we want to share some reminders on what to be prepared for in the New Year with the OFCCP and EEO compliance. 

1.)    First full year of 503/VEVRAA analytics under Subpart C

Contractors were required to come into...

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The OFCCP Institute submits comments on proposed changes to Scheduling Letter and Itemized Listing

January 14, 2016

The OFCCP Institute (“The Institute”) recently submitted comments in response to OFCCP’s Proposed Renewal of Information Collection Requirements, published on October 29, 2015, which describes proposed changes to the Scheduling Letter and Itemized...

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Congress Critical of OFCCP

January 11, 2016

If the recently passed federal FY2016 budget is any indication, Congress is not pleased with the current direction of OFCCP.  The first indication of this displeasure is the actual budget appropriation for OFCCP. OFCCP asked for a $7.2 million...

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