In prior Alerts, we reported that the OFCCP was set to release final rules on banning discrimination against gay, lesbian, bisexual and transgender (LGBT) individuals in accordance with President Obama’s Executive Order 13672. We also noted that...
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The ruling was issued on 12/8/14 by Judge Henry M. Herlong, Jr. of the District Court of South Carolina, Spartanburg Division. The ruling overturns a prior magistrate’s ruling that BMW failed to show that the request would help the company prove...
The case is Rickard v. Swedish Match N. America, in which the 8th Circuit affirmed summary judgment for Swedish Match on 12/2/14. The case involved claims of both sexual and age harassment, but for present purposes, the focus is on the sex claim. ...
Recently, I wrote two Alerts related to Lopez v. City of Lawrence [2014 U.S. Dist. LEXIS 124139]. One of the Alerts related to the implications of District Court Judge D.J. O’Toole’s ruling against aggregation of data for purposes of proving adverse...
OFCCP has just released three new FAQs regarding the partial year data and analysis required for the Section 503 and VEVRAA items in the revised scheduling letter. As presented in a previous blog, FAQs regarding how to submit compensation data under...
On July 21, 2014, President Obama signed Executive Order 13672 extending workplace protections to employees in the federal contracting workplace on the bases of sexual orientation and gender identity. This Executive Order amended Executive Order...
The OFCCP reported it will release final rules on, among other things, gender identity and, more generally, sex discrimination which, by its own admission, are 30 years old and out of date (see the formal notice). The initial directive on gender...
Recent contractor feedback related to Good Faith Efforts (GFE) toward individuals with disabilities and veterans suggests that the process of engaging in, tracking, and evaluating such efforts varies depending on the size of the contractor and/or...
The Employment Non-Discrimination Act (ENDA), a proposed bill in each Congress since 1994, is about to fail for what, by my count, would be the 11th time. The bill was proposed to amend Title VII to treat lesbian, gay, bisexual and transgender...
We have spent a lot of time in earlier blogs discussing the potential problem with voluntary self-identification rates for disability and how that would impact the utilization analysis. In addition, we wrote a white paper about this issue. This blog...
OFCCP submitted a Notice of Proposed Rulemaking (NPRM) to OMB on Friday, November 21. Once OMB reviews, it will be placed on the federal register for notice and comment. Contractors should be on the lookout for the proposed rule and provide comments...