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Implications of Lopez v. City of Lawrence

September 30, 2014

On September 5, 2014, Judge D.J. O’Toole of the District Court of Massachusetts delivered the latest ruling on alternatives to reduce adverse impact after a defendant has successfully proven the challenged test is job related and consistent with...

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Please Refer to the CBA: Recent OFCCP Audits Focus on Pay Practices for Bargaining Employees

September 16, 2014

This is the second blog in our series on Steering and OFCCP enforcement.  As discussed in our first blog of the series, OFCCP has focused on investigating compensation as a byproduct of steering during compensation reviews. Toward that end, DCI has...

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Record Keeping Renewal for Construction Contractors

September 16, 2014

OFCCP is seeking public comments on its proposed information collection request (ICR) to renew recordkeeping and reporting requirements for construction contractors. The ICR was published in the Federal Register on September 2nd.

This proposal...

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Coming Soon: NPRM on Non-Retaliation for Disclosure of Compensation Information

September 15, 2014

On Wednesday, September 17th, the NPRM on EO 13665 will be published in the Federal Register. This proposed rule is for the implementation of Executive Order 13665, which prevents retaliation against applicants and employees of federal contractors...

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Can You Juggle? Equal Pay Report, OFCCP FAQS Create Multiple 'Employee' Definitions For Contractors

September 15, 2014

On August 6, 2014, OFCCP issued a Notice of Proposed Rulemaking (NPRM) which will require covered Federal contractors and subcontractors with more than 100 employees to submit an Equal Pay Report (EPR) regarding employee compensation. As explained...

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PRESIDENT OBAMA AMENDS EXECUTIVE ORDERS 11246 & 11478 AFFORDING PROTECTIONS FOR LGBT & SEXUAL ORIENTATION

July 23, 2014

The amendments were issued on July 21, 2014 amid controversy regarding who is who is not exempted. The first amendment includes gender identity and sexual orientation as protected groups in EO 11246, which applies to federal contractors, and the...

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NO HARM, NO FOUL DEFENSE REJECTED IN ADA CASE

July 22, 2014

The case is EEOC v. Grane Healthcare Company, which has three iterations, all at the district court level. These include an initial ruling on March 15, 2013 [2013 U.S. Dist. LEXIS 35869], and two rulings on July 7, 2014 [2014 U.S. Dist. LEXIS 28477...

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COUNTY AND UNION FOUND GUILTY OF RETALIATION

July 21, 2014

The case is Booth v. Pasco County, Florida and Association of Firefighters Local 4420 decided on July 3, 2014 [2014 U.S. App. LEXIS 12838]. The facts of the case are that Anthony Booth filed a grievance against the captain of his fire station citing...

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Can Employers Override Protected-Veteran Status Post-Offer?

July 07, 2014

Among the new FAQs released on June 18, 2014, OFCCP responded to the following contractor question:

“If an individual self-identifies as a protected veteran at the pre-offer stage of the application process, but does not self-identify again at the...

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9TH CIRCUIT OVERTURNS LOWER COURT RULING ON COMMONALITY IN CLASS ACTION CERTIFICATION IN AN ADEA ADVERSE IMPACT CLAIM

June 30, 2014

The case is Stockwell v. City & County of San Francisco decided on April 24, 2014 [749 F.3d 1107]. First the facts. In the early 1980s, the City of San Francisco settled a Title VII adverse impact case in a consent decree that was terminated in...

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House Republicans Criticize EEOC on Criminal Background Checks and Enforcement Tactics

June 23, 2014

The criticisms were leveled during an oversight meeting on June 10, 2014 of the Subcommittee on Workforce Protections chaired by Time Walberg (R-Mich.).  The entire hearing may be viewed at here. Among various witnesses, Lucia Bone, founder of Sue...

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8TH CIRCUIT COURT ENDORSES NARROW INTERPRETATION OF BEING "SIMILARLY SITUATED"

June 16, 2014

The case is Young v. Builder’s Steel decided on 6/9/14 [2014 U.S. App. LEXIS 10643]. The facts of the case are that Michael Young was the only black employee in a 23-person shop in Kansas City in which he worked for 26 years before being laid off....

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