The OFCCP has recently submitted the long-awaited proposed self-identification form for individuals with disabilities (IWD). The proposed form has been submitted to the Office of Management and Budget’s Office of Information and Regulatory Affairs...
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November 12, 2013
November 12, 2013
In our prior posts, we have addressed the (a) definition of selection procedures, (b) combinations of different measures into compensatory or non-compensatory systems, (c) specific validation pitfalls associated with criminal history and background...
October 29, 2013
We are back! After a brief hiatus, we continue our UGESP Series by exploring the UGESP concept of suitable alternative selection procedures addressed by the UGESP. This piece explores the difficulty in determining (a) whether two selection...
October 22, 2013
Oral arguments were held on October 17, 2013. In a nutshell, the case is about a Michigan law (Proposal 2) than bans preferential treatment based on race, sex, color, ethnicity, or national origin in public education, employment, or contracting....
October 22, 2013
The case is EEOC v. Peoplemark, an appeals ruling decided on 10/7/13 [2013 U.S. App. LEXIS 20408]. We previously reported the district court ruling in this case in a client alert on 11/15/11. The facts of the case are that the EEOC claimed that...
October 15, 2013
At the time this blog was written, the federal government has been closed for close to two weeks. In an earlier blog DCI staff suggested that federal contractors take a “business as usual” motto when it comes to OFCCP compliance. As many of you...
October 08, 2013
In a news release dated 9/23/13, the OFCCP announced a $290,000 settlement with Medtronic Interventional Vascular Inc., a wholly owned subsidiary of Medtronic (see https://www.dol.gov/newsroom/releases/ofccp/ofccp20131811). The OFCCP alleged that 78...
October 08, 2013
The case is Love v. Wal-Mart, decided on 9/4/13 by District Court Judge Robert N. Scolar, Jr. of the Southern District of Florida. The class is yet another subclass of plaintiffs from the original Dukes v. Wal-Mart class. This is fifth rejected...
October 08, 2013
The case is EEOC v. Boh Brothers, decided by a 10-6 vote by an en banc panel of the 5th Circuit on 9/27/13 [2013 U.S. App. LEXIS 19867]. The facts in this case are clearly reprehensible. A male supervisor (Wolfe) of an all-male construction site...
October 01, 2013
In a prior blog post, we indicated that OFCCP has taken a position that the specific strategy for dummy coding races in a regression analysis does not matter. Specifically, they have argued that the group that one chooses as the referent group is...
September 24, 2013
The new rules become effective 180 days from today (i.e., regulatory effective date); however, the date of compliance will differ for contractors depending on the subsection and the contractor’s affirmative action plan date. Contractors are expected...
September 24, 2013
Within the last two weeks, the EEOC filed four lawsuits and announced one settlement all related to the same issue --- reasonable accommodations under the ADA.
On 8/29/13, the EEOC announced a lawsuit against House of Raeford Farms, a poultry...
