In accordance with the revised Section 503 regulations, federal contractors are required to invite applicants and employees to voluntarily disclose disability status and include these figures in their affirmative action plans. This information is...
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Did you receive a scheduling letter this summer? If so, you’re not alone. DCI has seen a wave of OFCCP scheduling letters received by establishments in June and July. Many of the audit letters were for establishments that were on the Corporate...
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...
The filing period for the 2016 EEO-1 and VETS-4212 reports is quickly approaching, and the 2016 Survey for EEO-1 reports is expected to open at some point next week. Companies will then have until September 30th to complete these annual filing...
Today, July 14, the EEOC published an update of the EEO-1 pay data reporting proposal in the Federal Register, announcing a second public comment period. The second round of public comments are due on August 15, 2016.
Unfortunately, many of the...
Medicis Pharmaceutical Corporation, owned by Valeant, will pay $7.2 million to settle a gender discrimination class action claim. The allegations include disparate compensation and bonuses on the basis of sex, and also include a sexually hostile...
OFCCP announced on July 1, 2016 that the Scheduling Letter and Itemized Listing has received OMB approval, and has been renewed through June 30, 2019 with a few minor changes. The new scheduling letter takes effect immediately, and will be used to...
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...
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...