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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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...
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...
The case is Bellerose v. SAW No.39, decided by Judge Paul Barbadoro of the District Court of New Hampshire on 12/29/14 [2014 U.S. Dist. LEXIS 177718]. The facts of the case are that Bellerose, a school janitor, had difficulty communicating with his...
In prior Alerts, we reported that the OFCCP was set to release final rules on banning discrimination against gay, lesbian, bisexual and transgender (LGBT) individuals in accordance with President Obama’s Executive Order 13672. We also noted that...
The ruling was issued on 12/8/14 by Judge Henry M. Herlong, Jr. of the District Court of South Carolina, Spartanburg Division. The ruling overturns a prior magistrate’s ruling that BMW failed to show that the request would help the company prove...
The case is Rickard v. Swedish Match N. America, in which the 8th Circuit affirmed summary judgment for Swedish Match on 12/2/14. The case involved claims of both sexual and age harassment, but for present purposes, the focus is on the sex claim. ...
Recently, I wrote two Alerts related to Lopez v. City of Lawrence [2014 U.S. Dist. LEXIS 124139]. One of the Alerts related to the implications of District Court Judge D.J. O’Toole’s ruling against aggregation of data for purposes of proving adverse...
The OFCCP reported it will release final rules on, among other things, gender identity and, more generally, sex discrimination which, by its own admission, are 30 years old and out of date (see the formal notice). The initial directive on gender...
Recent contractor feedback related to Good Faith Efforts (GFE) toward individuals with disabilities and veterans suggests that the process of engaging in, tracking, and evaluating such efforts varies depending on the size of the contractor and/or...
The Employment Non-Discrimination Act (ENDA), a proposed bill in each Congress since 1994, is about to fail for what, by my count, would be the 11th time. The bill was proposed to amend Title VII to treat lesbian, gay, bisexual and transgender...