4 min read
Analytic Error in the Evaluation of "Other" Forms of Compensation
Last year’s revisions to OFCCP’s scheduling letter included an addition of detailed compensation data (e.g., bonuses, incentive pay, commissions,...
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1 min read
Supreme Court Oral Arguments on EEOC V. Mach Mining
Jan 19, 2015, 10:10:36 AM
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...
1 min read
NELP Releases Latest Results on Ban the Box Laws
Jan 16, 2015, 11:49:52 AM
The term “Ban The Box” refers literally to the “box” on employment application forms that reference criminal background checks. On January 15, 2015...
2 min read
SCHOOL JANITOR WITH ASPERGER'S DISORDER IS DEEMED REGARDED AS BEING DISABLED
Jan 12, 2015, 11:34:05 AM
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...
1 min read
DOJ Joins Chorus on Gender Stereotyping
Jan 5, 2015, 11:29:21 AM
In prior Alerts, we reported that the OFCCP was set to release final rules on banning discrimination against gay, lesbian, bisexual and transgender...
1 min read
EEOC Ordered to Reveal Information Regarding its own Background Check Policy in EEOC V. BMW Case
Jan 2, 2015, 11:03:14 AM
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...
1 min read
Another Example of the Because of Sex Standard
Dec 30, 2014, 10:44:33 AM
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...
3 min read
6th Circuit's Ruling in Johnson V. City of Memphis: End of the Line for Alternatives With Less (OR NO) Adverse Impact
Dec 12, 2014, 4:13:26 PM
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...
1 min read
OFCCP TO RELEASE FINAL RULE ON GENDER IDENTITY DISCRIMINATION
Dec 2, 2014, 11:50:26 AM
The OFCCP reported it will release final rules on, among other things, gender identity and, more generally, sex discrimination which, by its own...
3 min read
Contractor Feedback on 503/VEVRAA Good Faith Efforts - Accountability is Key
Dec 1, 2014, 11:33:46 AM
Recent contractor feedback related to Good Faith Efforts (GFE) toward individuals with disabilities and veterans suggests that the process of...
3 min read
EEOC Set to Address Gender Preference as "Sex Stereotyping"
Nov 26, 2014, 10:38:24 AM
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...
1 min read
Newly Released Compensation Guidance: Scheduling Letter Itemized Listing
Nov 18, 2014, 9:46:45 AM
A month and a half has now passed since the release of the new scheduling letter, and the OFCCP has finally provided federal contractors with some...