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The OFCCP Institute submits comments on proposed changes to Scheduling Letter and Itemized Listing

January 14, 2016

The OFCCP Institute (“The Institute”) recently submitted comments in response to OFCCP’s Proposed Renewal of Information Collection Requirements, published on October 29, 2015, which describes proposed changes to the Scheduling Letter and Itemized...

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Congress Critical of OFCCP

January 11, 2016

If the recently passed federal FY2016 budget is any indication, Congress is not pleased with the current direction of OFCCP. The first indication of this displeasure is the actual budget appropriation for OFCCP. OFCCP asked for a $7.2 million...

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Is “Total Pay” a Useful Analysis?

December 15, 2015

With OFCCP regularly requesting multiple forms of compensation during compliance audits, we revisit the difference between EEO compliance evaluations of base pay versus other compensation metrics. An individual’s base pay is a function of many...

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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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DCI Releases White Paper on Outreach and Recruitment for IwDs and Veterans

December 09, 2015

Nearly two full years have passed since the release of the revised Section 503 and VEVRAA which introduced a number of new requirements for federal contractors involving affirmative action for protected veterans and individuals with disabilities...

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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 lastpost and confirm that OFCCP did not change the definition of any veteran categories. As OFCCP and the Solicitor’s...

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Is OFCCP’s Equal Pay Report Doomed?

November 23, 2015

In the summer of 2014, OFCCP released a Notice of Proposed Rulemaking (NPRM) for collecting compensation data through an Equal Pay Report (EPR) as part of their initiative to combat pay discrimination. The EPR was slated to be final in November of...

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OFCCP Proposes New Language on Interagency Collaboration to be Included in Scheduling Letter

November 17, 2015

The OFCCP Scheduling Letter and Itemized Listing - used to initiate OFCCP supply and service compliance evaluations - is set to expire March 31, 2016. In anticipation of this coming date, OFCCP must obtain approval through Office of Management and...

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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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Workplace Advancement Act – Redundant to the Equal Pay Act?

November 09, 2015

On October 22, 2015, Senior Senator Deb Fischer (R-Nebraska) introduced S.2200, the Workplace Advancement Act, in the United States Senate. The stated purpose of the bill is to amend the Fair Labor Standards Act of 1938 to strengthen equal pay...

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