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OFCCP Releases New FAQs on VEVRAA Infographic

December 14, 2015

The OFCCP recently posted two new FAQs confirming that the interpretation, not definition, of “protected veteran” has been broadened to be consistent with the definition used by the Department of Veterans Affairs. As presented in a previous blog,...

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City of Boston Loses on Adverse Impact in Promotion Part 2

December 10, 2015

The case is Smith et. al. v. City of Boston, decided on November 16, 2015 by Judge William G. Young of the District of Massachusetts [2015 U.S. Dist. Lexis 154468]. The challenge was to a multiple-choice test for promotion from police sergeant to...

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Will the Real Protected Veteran Please Stand Up?

November 24, 2015

In light of some recent buzz centered on OFCCP’s infographic for determining protected veteran status, we wanted to clarify our last post and confirm that OFCCP did not change the definition of any veteran categories. As OFCCP and the Solicitor’s...

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OFCCP’s new voluntary poster – is it misleading?

November 13, 2015

OFCCP has released a new voluntary poster: Opening Doors of Opportunity for ALL Workers. The poster emphasizes the agency’s goals of diversity and equal opportunity, as well as expectations that federal contractors “must treat workers fairly and...

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EEOC Prevails in Age Discrimination Case Against Darden Restaurants

November 11, 2015

The case is EEOC v. Darden, decided on November 9, 2015 by Judge Joan A. Lenard of the Southern District of Florida [2015 U.S. Dist. Lexis 1498970]. The defense issued a motion to dismiss, which Judge Lenard denied. Judge Lenard also ordered Darden...

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Female Fails to Prove Wage Discrimination Based on Prior Salary

November 05, 2015

The case is Muriel v. SCI Arizona Funeral Services decided October 30, 2014 by District Court Judge Douglas L. Rayes of the District Court of Arizona (2015 U.S. Lexis 147510). The case is not important so much for the outcome, which was summary...

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Governor Jerry Brown Signs the California Fair Pay Act (CFPA) Into Law

November 03, 2015

The CFPA was signed into law on October 6, 2015 and may be read in its entirety here. It is a relatively short statute and an easy read. The CFPA is an amendment to a prior statute written in 1949 and has many of the key features of the Federal...

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California Fair Pay Act – Validating Factors Used in Compensation

November 02, 2015

The new California Fair Pay Act (CFPA) is summarized in depth in a previous blog in this series. The CFPA includes strict stipulations for employing “[a] bona fide factor other than sex, such as education, training, or experience” to explain wage...

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The New Class Member Locater: What Contractors Need to Know

October 09, 2015

On September 24, 2015, OFCCP held a celebratory event in Washington, D.C. to commemorate the 50th anniversary of the signing of Executive Order 11246. Secretary of Labor Tom Perez and OFCCP Director Pat Shiu, accompanied by a panel of distinguished...

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BMW Agrees to 1.6 Million Dollar Settlement with EEOC On Its Criminal Background Check Policy

October 08, 2015

The consent decree was approved on September 8, 2015 by Judge Henry M. Herlong of the District of South Carolina and may be viewed here.

A summary of the decree was also issued by the EEOC that may be viewed here.

Briefly, after BMW switched to a...

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EEOC Ordered to Pay Court Costs to Freeman

October 06, 2015
“Gotta Know When To Fold Em”

The Freeman case has been discussed in prior alerts dated 8/22/12, 9/4/13, 3/3/14 and 3/2/15. In the most recent ruling, decided on 9/4/15, District Court Judge Titus of Maryland ruled that the EEOC owes $938,771.50 to...

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Tips and Reminders for VETS-4212 Reporting

September 03, 2015

The 2015 filing period for EEOC and VETS reporting has now begun and contractors will have until September 30 to complete the annual filing requirements. As you may recall, VETS has implemented the newly revised VETS-4212 report, which has taken the...

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