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Bank of America Ruling: Win Against Data Aggregation

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...

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Statistical Significance is Not Enough to Prove Discrimination

June 06, 2016

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...

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Bank of America Fights Back

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...

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Gordon Food Service Settles with OFCCP for $1.85 Million

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,...

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OFCCP v. Bank of America - 23 Years Later

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...

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DCI Staff Attend SIOP's 31st Annual Conference in Anaheim, California

May 17, 2016

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...

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“Ban the Box” Proposed Regulation for Federal Government Positions

May 16, 2016

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...

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Reminder: Adjusted thresholds for VEVRAA compliance

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...

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Revised Functional AAP Directive

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...

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Fiscal Year 2016: 6-Month Enforcement Updates and a Review of OFCCP Trends

April 19, 2016

Over the past six months, DCI has continued to monitor OFCCP enforcement trends and priorities regarding compliance evaluations in FY 2016. In our 2015 blog we noted a reduction in the number of new audit scheduling letters received throughout 2015,...

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The OFCCP Institute Submits Comments on Proposed EEO-1 Updates

April 18, 2016

In response to the call for public comments, The Institute for Workplace Equality submitted comments regarding the EEOC’s proposed update to the EEO-1 annual report. The OFCCP Institute’s feedback addresses concerns about the burden estimate and pay...

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Updated Fact Sheet on EEOC Litigation Regarding Title VII and LGBT-Related Discrimination

April 15, 2016

The original guidance on Title VII & LGBT discrimination was published in December 2012.  The update, which includes recent cases, settlement, amicus briefs was published on 3/1/16 and may be viewed here. The original goals, as stated in the update,...

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