The majority ruling was written by Justice Kennedy (for Breyer, Ginsburg & Sotomayor). Justice Thomas wrote a one-page dissent in which he opined that he would have overturned Grutter v. Bollinger (2003, and a much longer dissent by Alito (for...
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June 24, 2016
June 07, 2016
In OFCCP v. Bank of America (BOA), the Administrative Review Board (ARB) overturned OFCCP’s allegation that BOA discriminated against Blacks in 2002-2005. As described in another blog in this series, the basis for the ARB reversal of the 2002-2005...
In an earlier blog in this alert, Art Gutman summarized the April 21, 2016 Department of Labor Administrative Review Board (ARB) ruling related to a long-standing set of OFCCP allegations against Bank of America (BOA). This ruling serves as a...
June 03, 2016
As reported previously, an Administrative Law Judge (ALJ) found Bank of America (BOA) (previously Nations Bank) guilty of a pattern or practice of discrimination of race discrimination in hiring for entry level jobs, and was ordered to pay $964,033...
June 01, 2016
On May 11, OFCCP announced that Gordon Food Service (GFS) settled with the agency, agreeing to pay $1.85 million to female applicants to resolve allegations of hiring discrimination for laborer positions at four separate locations: two in Michigan,...
May 31, 2016
There are two cases here. The first case was in 1993 and the second one covered 2002 to 2005. An Administrative Law Judge (ALJ) found Bank of America (BOA) (previously Nations Bank) guilty of a pattern or practice of discrimination of race...
The 31st Annual Conference for the Society of Industrial and Organizational Psychology (SIOP) was held April 14-16, 2016 in Anaheim, California. This conference brings together members of the I/O community, both practitioners and academics, to...
On May 2, 2016, the U.S. Office of Personnel Management (OPM) published in the Federal Register a proposed rule with request for comments. Comments must be received on or before July 1, 2016. Under the proposed rule, early inquiries (e.g., during...
May 13, 2016
A recently updated OFCCP infographic illustrates the jurisdictional thresholds triggering the requirement for contractors to comply with nondiscrimination and affirmative action requirements. Every five years, the Federal Acquisition Regulatory...
May 11, 2016
The OFCCP announced a new Functional Affirmative Action Plan (FAAP) directive this week, which is effective as of April 28, 2016 through April 30, 2019. Although largely unchanged, there are some important updates for federal contractors to note...
