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Former Contributors

Recent Posts

OFCCP Prioritized Onsite Investigation Based on Oral Complaints

July 21, 2017

OFCCP brought a lawsuit against Baker DC, LLC (Baker) alleging denial of access and contractor non-compliance with an ongoing compliance review, and thereby violating Executive Order 11246, Section 503, & VEVRAA. The defendant argued that they were...

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Secretary of Labor Recently Sworn In

May 01, 2017

On April 27, 2017, the U.S. Senate confirmed Alexander Acosta as the 27th U.S. Secretary of Labor. He was sworn in the next day, April 28th. In the 60 to 38 vote, eight Democrats voted in favor of Acosta. In addition, the confirmation occurred just...

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Third Circuit Rules In Favor Of Subgroup Comparisons In ADEA Adverse Impact Claims

March 24, 2017

The case is Karlo v. Pittsburgh Glass Works, a class action ADEA ruling handed down on 1/10/17 [849 F.3d 61]. Pittsburgh Glass Works (the Company) terminated 100 employees across 40 locations in a RIF. There was no layoff plan. In the words of...

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11th Circuit Issues Critical Sexual Orientation Discrimination Ruling

March 23, 2017

The case is Evans v. Georgia Regional Hospital decided on 3/10/17 [2017 U.S. App. LEXIS 4301].  Three things make this case special.  First, it’s a 2-1 opinion that is likely to lead to an en banc ruling by all available 11th Circuit judges. Second,...

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For Whom The Clock Tolls

March 22, 2017

The case is McKeny v. Middleton, decided on 3/16/17 in the Southern District of Ohio [2017 U.S. Dist. LEXIS 37912]. Timothy McKeny, an assistant professor in the Department of Teacher Education at Ohio University, was denied tenure by Dean Middleton...

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What the Revised Pay Transparency Nondiscrimination Provision Means

March 09, 2017

As outlined in the Pay Transparency rule, federal contractors who enter into a new or modified contract of $10,000 or more on or after January 11, 2016 must not discharge or otherwise discriminate against employees or job applicants for discussing,...

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Why Alexander Acosta might be a good pick for Secretary of Labor position

March 03, 2017

On February 16, Alexander Acosta, Dean of Florida International University (FIU), was nominated for Secretary of Labor, after the first nominee Andrew Puzder withdrew his nomination a day before his confirmation hearing. Mr. Acosta has a vast amount...

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CSAL letters are being issued as of February 17th

February 22, 2017

DCI has confirmed with OFCCP that a new round of CSAL letters were officially mailed as of February 17th. The letters were sent directly to establishments and “Frequently Asked Questions” resources have been updated on the Department of Labor’s...

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The OFCCP Institute Writes to EEOC requesting information on revised EEO-1 report

February 21, 2017

Through our previous blog posts, we have kept our readers updated on changes to EEO-1 reporting scheduled to go into effect March 2018. Recently, President Trump put forth a regulatory freeze on new and pending regulations, which affects the revised...

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LGBT Workplace Protections to Remain in Place with New Administration

February 16, 2017

President Trump’s office issued a press release on January 31st, stating his intention to continue enforcing Executive Order 13672. This order was issued by President Obama in July 2014, amending Executive Order 11246 to extend protection from...

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Judge Neil Gorsuch’s Record on Employment Law As a 10th Circuit Court Judge

February 07, 2017

In researching Judge Gorsuch’s record, I found 13 relevant employment discrimination cases.* By my count, 9 were favorable to employers and four were fully or partially favorable to employees. Sizing up a potential justice is, of course, more than a...

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Breaking News – Victoria Lipnic is the new EEOC acting chair

January 25, 2017

President Trump has named Commissioner Victoria A. Lipnic the Acting Chair of EEOC. Lipnic has served as an EEOC Commissioner since 2010 and she was also unanimously confirmed in 2015 by the senate to serve her second term as Commissioner ending...

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