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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 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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Statistical Significance is Not Enough to Prove 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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