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The New OFCCP Administration: Focus on Veterans and Disabilities

February 22, 2010

by Joanna Colosimo, Consultant, DCI Consulting GroupFor Fiscal Year 2010, there was a 16% increase to the OFCCP’s budget, which represents the largest percentage increase the agency has received on record. This addition to the agency’s budget will...

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Functional Affirmative Action Plan (FAAP) process trends

February 22, 2010

by Keli Parody Wilson, Consultant, DCI Consulting GroupThe contractor community has seen a shift in the agencies focus since Patricia Shiu started with the Office of Federal Contract Compliance Programs (OFCCP), such as increased attention on the...

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DOL Releases OFCCP Enforcement Budget and Initiatives for 2011

February 16, 2010

The full report is available at http://www.dol.gov/dol/budget/2011/PDF/CBJ-2011-V2-04.pdf. Major features include:· OFCCP will randomly select establishments 2 industries in FY 2010 for baseline measures. Establishments will be re-evaluated in FY...

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ADMINISTRATIVE LAW JUDGE (ALJ) RULES AGAINST BANK OF AMERICA

February 16, 2010

On January 21, 2010, Linda S. Chapman, a Labor Department ALJ ruled that Bank of America (BOA) discriminated against black applicants for four entry-level jobs in 1993 and from 2002 to 2005. BOA was given14 days to appeal the ruling to the Secretary...

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CCE RELEASES ITS ANNUAL REPORT ON OFCCP TRANSPARENCY

February 16, 2010

The full report is available at http://www.cceq.org/. The major findings in the reports are:

  • Number of settlements increased from 61 in FY 2007 to 73 in FY 2008
  • As in FY 2007, over 95% of the settlements involved allegations of systemic...
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OFCCP Addresses FAQS on Ricci V. Destefano

February 16, 2010

The first of five FAQs summarizes the Ricci ruling and the remaining four address whether Ricci affects how the OFCCP will conduct compliance evaluations; whether Ricci alters contractor obligations relating to affirmative action and test...

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Illegal Pre-Offer Inquiries Under The ADA

February 16, 2010

In a ruling handed down on January 11, 2010 (Harrison v. Benchmark Electronics [2010 U.S. App. LEXIS 632; 22 Fla. L. Weekly Fed. C 416] the 11th Circuit ruled that Benchmark violated the ADA by making an illegal medical inquiry prior to a...

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Further Fallout From Ricci V. Destafano?

February 16, 2010

On January 6, 2010, the Chicago Sun-Times (http://www.policeone.com/patrol-issues/articles/1986463-Chicago-police-may-scrap-entrance-exam/) reported that the City of Chicago is considering scrapping its entry exam. This article, written by Fran...

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Fallout From Ricci V. Destafano

February 16, 2010

In Decmeber 2009, the City of Bridgeport, Connecticut settled a reverse discrimination lawsuit with 11 white and 1 Hispanic firefighters relating to a promotion exam. The original weightings on the exam (50% written, 45% oral & 5% seniority) were...

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RICCI V. DESTAFANO

February 16, 2010

The Supreme Court’s ruling in Ricci v. DeStafano (June 29, 2009) is discussed by Gutman and Dunleavy in the October, 2009 issue of TIP (The Industrial-Organizational Psychologist). The City of New Haven, Connecticut discarded a promotion exam for...

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DCI Re-Launches “DCI Client Updates” - DR. Arthur Gutman Editor in Chief

February 15, 2010

Dr. Arthur Gutman, Professor of Psychology at Florida Institute of Technology (FIT), is the new editor of DCI’s semi-monthly client alerts. Art is author of “EEO Law and Personnel Practices” (Sage, 2000, 2nd Ed) and originator of “On The Legal Front...

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OFCCP DESCRIBES ENFORCEMENT INITIATIVES IN FY 2011 BUDGET

February 05, 2010

The U.S. Department of Labor (DOL) released its FY 2011 budget request on February 1, including descriptions of several planned enforcement initiatives for OFCCP. Among the highlights are the following:

  • “OFCCP will select two industries and...
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