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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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...
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...
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...
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...
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...
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...
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....
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...
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...
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...
Two recent OFCCP settlements emphasize the importance of monitoring adverse impact throughout all steps of the hiring process: Gordon Food Service (GFS) and The Aqualon Company.
GFS, a food distribution company, implemented a hiring process that...
