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...
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October 01, 2013
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...
September 24, 2013
This case started in 1996 when Black and Hispanic teachers brought action in 1996 against both the State Education Department (SED) and the New York City Board of Education (the Board) claiming adverse impact based on two licensing tests, the...
September 24, 2013
The case is Dinkens v. Creative Business Solutions (CBS) decided on 9/4/13 by Judge Richard D. Rogers of the District Court of Kansas [2013 U.S. Dist. LEXIS 125898].
The facts in this case are interesting. Dinkens was offered a job by the United Way...
September 04, 2013
The ruling was handed down on 8/913 by Judge Roger W. Titus of the District Court of Maryland and may be read at the following site:
This is the second defeat in a row for the EEOC on background checks following EEOC v. Kaplan’s Higher Learning...
August 14, 2013
The letter was written on July 25, 2013 by West Virginia Attorney General Patrick Morrisey, and is joined by attorneys general from Alabama, Colorado, Georgia, Kansas, Montana, Nebraska, South Carolina and Utah The letter was reprinted in the West...
August 07, 2013
The ruling, by ALJ Kenneth A. Krantz was handed down on 8/5/13. What’s interesting in this ruling is that OFCCP, for all intents and purposes, believed that VF was showing preference for Asians versus all other protected groups. The problem is that...
July 23, 2013
In this installment of our UGESP series, we address an aspect of the validation process that presents significant EEO enforcement risk if overlooked: selection procedure implementation.
The purpose of a validation study is to collect evidence that...
July 19, 2013
In a press release dated July 17, 2013, the OFCCP announced that Tufts Associated Health Plans has agreed to a $372,739 settlement related to charges of race-based discrimination in termination and retaliation.
I recently described the prongs of...
The case is University of Texas Southwestern Medical Center v. Nassar, decided on June 24, 2013 [2013 U.S. LEXIS 4704]. Excuse my delay … I have been wrestling with relevant background factors to provide the best framework for describing the ruling....
July 09, 2013
In our last set of blog posts, we promised a series of posts attending to specific compliance issues related to the Uniform Guidelines on Employee Selection Procedures (UGESP). This is the first of what we hope will be an informative and useful set...
