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Former Contributors

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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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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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Is “Total Pay” a Useful Analysis?

December 15, 2015

With OFCCP regularly requesting multiple forms of compensation during compliance audits, we revisit the difference between EEO compliance evaluations of base pay versus other compensation metrics. An individual’s base pay is a function of many...

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OFCCP Releases New FAQs on VEVRAA Infographic

December 14, 2015

The OFCCP recently posted two new FAQs confirming that the interpretation, not definition, of “protected veteran” has been broadened to be consistent with the definition used by the Department of Veterans Affairs. As presented in a previous blog,...

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City of Boston Loses on Adverse Impact in Promotion Part 2

December 10, 2015

The case is Smith et. al. v. City of Boston, decided on November 16, 2015 by Judge William G. Young of the District of Massachusetts [2015 U.S. Dist. Lexis 154468]. The challenge was to a multiple-choice test for promotion from police sergeant to...

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Will the Real Protected Veteran Please Stand Up?

November 24, 2015

In light of some recent buzz centered on OFCCP’s infographic for determining protected veteran status, we wanted to clarify our lastpost and confirm that OFCCP did not change the definition of any veteran categories. As OFCCP and the Solicitor’s...

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OFCCP’s new voluntary poster – is it misleading?

November 13, 2015

OFCCP has released a new voluntary poster: Opening Doors of Opportunity for ALL Workers. The poster emphasizes the agency’s goals of diversity and equal opportunity, as well as expectations that federal contractors “must treat workers fairly and...

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EEOC Prevails in Age Discrimination Case Against Darden Restaurants

November 11, 2015

The case is EEOC v. Darden, decided on November 9, 2015 by Judge Joan A. Lenard of the Southern District of Florida [2015 U.S. Dist. Lexis 1498970]. The defense issued a motion to dismiss, which Judge Lenard denied. Judge Lenard also ordered Darden...

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Female Fails to Prove Wage Discrimination Based on Prior Salary

November 05, 2015

The case is Muriel v. SCI Arizona Funeral Services decided October 30, 2014 by District Court Judge Douglas L. Rayes of the District Court of Arizona (2015 U.S. Lexis 147510). The case is not important so much for the outcome, which was summary...

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Governor Jerry Brown Signs the California Fair Pay Act (CFPA) Into Law

November 03, 2015

The CFPA was signed into law on October 6, 2015 and may be read in its entirety here. It is a relatively short statute and an easy read. The CFPA is an amendment to a prior statute written in 1949 and has many of the key features of the Federal...

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California Fair Pay Act – Validating Factors Used in Compensation

November 02, 2015

The new California Fair Pay Act (CFPA) is summarized in depth in a previous blog in this series. The CFPA includes strict stipulations for employing “[a] bona fide factor other than sex, such as education, training, or experience” to explain wage...

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