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Former Contributors

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The OFCCP Institute Writes to EEOC requesting information on revised EEO-1 report

February 21, 2017

Through our previous blog posts, we have kept our readers updated on changes to EEO-1 reporting scheduled to go into effect March 2018. Recently, President Trump put forth a regulatory freeze on new and pending regulations, which affects the revised...

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LGBT Workplace Protections to Remain in Place with New Administration

February 16, 2017

President Trump’s office issued a press release on January 31st, stating his intention to continue enforcing Executive Order 13672. This order was issued by President Obama in July 2014, amending Executive Order 11246 to extend protection from...

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Judge Neil Gorsuch’s Record on Employment Law As a 10th Circuit Court Judge

February 07, 2017

In researching Judge Gorsuch’s record, I found 13 relevant employment discrimination cases.* By my count, 9 were favorable to employers and four were fully or partially favorable to employees. Sizing up a potential justice is, of course, more than a...

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Breaking News – Victoria Lipnic is the new EEOC acting chair

January 25, 2017

President Trump has named Commissioner Victoria A. Lipnic the Acting Chair of EEOC. Lipnic has served as an EEOC Commissioner since 2010 and she was also unanimously confirmed in 2015 by the senate to serve her second term as Commissioner ending...

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President Trump Delivers Memorandum on Federal Regulatory Process

January 24, 2017

On Inauguration Day, the White House Chief of Staff, Reince Priebus, communicated President Trump’s plan for managing the Federal regulatory process, which places a temporary freeze on any new and pending regulations. This regulatory freeze is...

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EEOC Increases Disability Goals for Federal Agencies

January 24, 2017

The EEOC delivered the final rule on affirmative action for individuals with disabilities in federal employment—an amendment to Section 501 regulations. This rule further clarifies the affirmative action obligations in recruitment, retention, and...

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Supreme Court to Review Rulings on Arbitration Agreements that Preclude Class Action Lawsuits

January 20, 2017

Mandatory agreement to binding arbitration of employment disputes as a condition of employment was upheld under the Federal Arbitration Act of 1925 (FAA) in Gilmer v. Interstate/Johnson Lane Corporation (1991) [500 U.S. 20] in a case in which two...

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Jones et. al. v. Boston Police Department: A Case of Hair Splitting

January 20, 2017

This case, decided on 12/28/16 by the 1st Circuit Court, was (at least to me) at first blush, uninspiring. After reading the case, I believe it has the likelihood of setting a very important precedent regarding the third phase (or prong) in adverse...

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JPMorgan Sued for Discriminating Against Female Professionals

January 19, 2017

The Office of Federal Contract Compliance Programs has filed a lawsuit against JPMorgan Chase & Co for paying a class of 93 female employees lower than their male counterparts in various professional positions (e.g., Application Developer Lead II,...

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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 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 here

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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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