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Sequel To OFCCP Lawsuit Against Palantir

November 02, 2016

In a recent Alert, I discussed the OFCCP’s filing of a law suit with the Office of ALJs against Palo Alto company Palantir, a technology company. The claim is that Palantir discriminated systematically against Asian job applicants in hiring in...

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Cisco Systems Wins Summary Judgment in Race Discrimination Claim Based on Voluntary Self-Disclosure of Race Data

October 31, 2016

The case is Dougboh v. Cisco Systems, Inc. decided on 10/24/16 by Judge William J. Martini of the District Court of New Jersey.  The ruling may be read here.

The facts of the case are that Pascal Doughboh applied online for hundreds of jobs at...

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The Trojan Horse: Poor Data Management or Disparate Impact?

October 17, 2016

A September 26th OFCCP News Release indicated that OFCCP is suing Palantir Technologies for systemic discrimination against Asian job applicants in three job titles: Quality Assurance Engineer, Software Engineer, and Quality Assurance Engineer...

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State of California tightens equal pay regulations

October 12, 2016

Similar to the Massachusetts Pay Equity law passed earlier this year, California Governor Jerry Brown signed an additional anti-wage discrimination bill on Sept. 30th that bans using prior salary as a baseline for setting compensation. This law...

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OFCCP SUES PALO ALTO TECH COMPANY FOR SYTEMIC DISCRIMINATION IN HIRING

October 04, 2016

On 9/21/16 the OFCCP filed suit with the Office of ALJs against Palo Alto Palantir, a technology company. The claim is that Palantir discriminated systematically against Asian job applicants in hiring in comparison to Non-Asian applicants for three...

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GAO Orders Changes in how OFCCP Selects Contractors for Audits

September 29, 2016

In a report released on 9/22/16, the Government Accountability Office (GAO) offered a rather stinging criticism of how the OFCCP selects contractors for audit and recommended (or should we say ordered) changes in the process. The GAO describes the...

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Audit Trend: Are You Factoring in Your Availability?

September 23, 2016

In recent months, OFCCP has exhibited an increased interest in the underlying data that are key to federal contractors’ factor availability analyses. DCI has experienced an increase in requests for information focused on census occupation codes and...

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We Might be Paid Differently, But Are Our Jobs Really the Same?

September 05, 2016

Based on feedback at NILG, we thought our clients may have interest in some background research that we shared in our NILG session: We Might be Paid Differently, But Are Our Jobs Really the Same? A significant portion of the presentation focused on...

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New Massachusetts Pay Equity Law

August 31, 2016

On August 1, 2016, Massachusetts Governor Charlie Baker, signed “an act to establish pay equity.” The law passed unanimously in the House and Senate to remedy the gender wage gap. It clarifies the previously ambiguous definition of comparable work....

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7th Circuit Rules Against Complaint of Discrimination Based on Sexual Orientation

August 29, 2016

The case is Hively v. Ivy Tech Community College decided on July 28, 2016. The facts of the case are that Kimberly Hively was hired by the college as a part-time adjunct professor in 2000. Subsequently, she applied for six different full time...

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Having A Sexual Harassment Policy Is Not Good Enough - It Has To Be Properly Employed

July 29, 2016

The rules for sexual harassment, as established by the Supreme Court in Burlington v. Ellerth (1998) [544 U.S. 72] and Faragher v. Boca Raton [544 U.S. 775], make it clear that an employer is strictly liable for quid pro quo harassment, but has an...

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Updated Sex Regulations Require No New Imposed Policy Changes

July 05, 2016

On June 15, 2016, OFCCP published its final rule updating the sex discrimination guidelines (41 C.F.R. part 60-20) from their period of dormancy since the 1970s. The long-awaited revisions, while reinforcing already-established sex discrimination...

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