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Supreme Court Ruling in Young V. UPS: A Major Victory For Pregnant Employees

April 12, 2015

The facts of the case are that Peggy Young, a part-time truck driver for UPS, became pregnant and was restricted by her doctor from lifting more than 20 pounds (the standard UPS requirement being 70 pounds). UPS offered Young unpaid pregnancy leave...

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Recent DOL Report On Veteran Employment Suggests What Has Improved (And What Hasn't) Over The Past Year

April 02, 2015

On March 18, 2015, the Bureau of Labor Statistics (BLS) of the U.S. Department of Labor (DOL) issued a news release providing the most up-to-date facts and figures on national veteran employment. Using 2014 employment data from the Current...

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4th Circuit Affirms Lower Court Ruling in EEOC v. Freeman

March 02, 2015

We have discussed the Freeman case in several Alerts (8/22/12, 9/14/13 & 3/3/14). The challenge was to Freeman’s use of background checks and criminal records adversely impacted blacks, Hispanics, and males. The EEOC also charged Freeman with a...

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Lowes Wins Summary Judgement on Applicant's Challenge

February 27, 2015

The case is Williamson v. Lowe’s, decided on 2/24/15 by Judge Susan Oki Mollway of the District Court of Hawaii [2015 U.S. Dist. LEXIS 13170]. The case was decided under Hawaii State Law (Section 378-2 of the Hawaii Revised Statutes). Williamson...

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ALLSTATE SIDESTEPS RETALIATION CLAIMS BY OFFERING AGENTS WAIVER AGREEMENT

February 24, 2015

The case is EEOC v. Allstate, decided by the 3rd Circuit on 2/13/15 [2015 U.S. App. LEXIS 2330]. Historically, Allstate agents worked through Sears and/or company owned offices via employment contract. Subsequently, in one reorganization, new agents...

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Are You Conducting EEO Analyses Of Your Performance Ratings?

February 17, 2015

As other blogs have noted, the Notice of Proposed Rulemaking (NPRM) for the long-awaited revisions to the Sex Discrimination Guidelines (RIN 1250-AA05) included some very interesting ideas. Some of those relate to the role of performance measurement...

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SEX DISCRIMINATION NPRM: IS MANHANDLING JOB TITLES NECESSARY TO COMPLY?

February 13, 2015

OFCCP’s notice of proposed rulemaking (NPRM) addressing Discrimination on the Basis of Sex is lacking clarity on several points and seems to contradict itself as well. This blog post focuses on the proposed changes to part 60-20.2 General...

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"Distinguishing On The Basis Of Sex...": Will the Revised Sex Discrimination Regulations Impact Our Good Faith and Outreach Efforts For Women?

February 10, 2015

As proposed in the Notice of Proposed Rulemaking (NPRM) for the Sex Discrimination Guidelines, sections 60-20.2(b)(7) and 60-20.2(b)(8) of the revised regulations will seem to limit the federal contractor’s ability to recruit and engage potential...

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Submitting an Updated Plan in an OFCCP Desk Audit: What is the Temporal Scope?

February 03, 2015

In the wake of the new scheduling letter (released in October 2014) and the ensuing OFCCP audit activity, contractors are taking steps to prepare for possible audits. The contractor community has raised a number of questions and concerns in response...

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ANALYTIC ERROR IN THE EVALUATION OF "OTHER" FORMS OF COMPENSATION

January 29, 2015

Last year’s revisions to OFCCP’s scheduling letter included an addition of detailed compensation data (e.g., bonuses, incentive pay, commissions, merit increases, etc.) to be submitted as part of the itemized listing requirements. Predictably, we...

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Supreme Court Oral Arguments on EEOC V. Mach Mining

January 19, 2015

The facts of the case are that Brooke Petkas and a class of female applicants for non-office jobs at Mach Mining sued Mach Mining, arguing that the company had never hired even a single female for non-office jobs. In fact, the company did not even...

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NELP Releases Latest Results on Ban the Box Laws

January 16, 2015

The term “Ban The Box” refers literally to the “box” on employment application forms that reference criminal background checks. On January 15, 2015 NELP updated from its 2013 report its latest figures on states, counties, and municipalities that...

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