DCI Consulting Blog

The final rule for prohibiting discrimination based on sexual orientation and gender identity was published December 9, 2014. This rule becomes effective on April 8, 2015. Many contractors are wondering what actions need to be taken to comply with...

We have discussed the Freeman case in several Alerts (8/22/12, 9/14/13 & 3/3/14). The challenge was to Freeman’s use of background checks and criminal records adversely impacted blacks, Hispanics, and males. The EEOC also charged Freeman with a...

The case is Williamson v. Lowe’s, decided on 2/24/15 by Judge Susan Oki Mollway of the District Court of Hawaii [2015 U.S. Dist. LEXIS 13170]. The case was decided under Hawaii State Law (Section 378-2 of the Hawaii Revised Statutes). Williamson...

The case is EEOC v. Allstate, decided by the 3^rd Circuit on 2/13/15 [2015 U.S. App. LEXIS 2330]. Historically, Allstate agents worked through Sears and/or company owned offices via employment contract. Subsequently, in one reorganization, new agents...

As other blogs have noted, the Notice of Proposed Rulemaking (NPRM) for the long-awaited revisions to the Sex Discrimination Guidelines (RIN 1250-AA05) included some very interesting ideas. Some of those relate to the role of performance measurement...

OFCCP’s notice of proposed rulemaking (NPRM) addressing Discrimination on the Basis of Sex is lacking clarity on several points and seems to contradict itself as well. This blog post focuses on the proposed changes to part 60-20.2 General...

As proposed in the Notice of Proposed Rulemaking (NPRM) for the Sex Discrimination Guidelines, sections 60-20.2(b)(7) and 60-20.2(b)(8) of the revised regulations will seem to limit the federal contractor’s ability to recruit and engage potential...

Proposed section 60-20.4 “Discriminatory Compensation” in the Notice of Proposed Rulemaking (NPRM) for the Sex Discrimination Guidelines addresses the OFCCP’s enforcement of the prohibition of compensation discrimination as dictated by E.O. 11246....

In the wake of the new scheduling letter (released in October 2014) and the ensuing OFCCP audit activity, contractors are taking steps to prepare for possible audits. The contractor community has raised a number of questions and concerns in response...

DCI has noted a recent trend among some compliance officers that are alleging that a 1:1 applicant to hire ratio is a “per se” violation of the regulations. If this was true, virtually all contractors would be in violation of the regulations. It is...

The EEOC is moving towards the collection of employee compensation data – albeit very quietly. Although no public announcements have been made, the EEOC is conducting a pilot study to investigate issues related to the collection and analysis of this...

Last year’s revisions to OFCCP’s scheduling letter included an addition of detailed compensation data (e.g., bonuses, incentive pay, commissions, merit increases, etc.) to be submitted as part of the itemized listing requirements. Predictably, we...