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DOJ Joins Chorus on Gender Stereotyping

January 05, 2015

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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EEOC Ordered to Reveal Information Regarding its own Background Check Policy in EEOC V. BMW Case

January 02, 2015

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...

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Another Example of the Because of Sex Standard

December 30, 2014

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.  ...

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6th CIRCUIT'S RULING IN JOHNSON V. CITY OF MEMPHIS: END OF THE LINE FOR ALTERNATIVES WITH LESS (OR NO) ADVERSE IMPACT

December 12, 2014

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...

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OFCCP Releases New FAQs On The Revised Scheduling Letter

December 10, 2014

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...

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Breaking: OFCCP Releases New LGBT Regulations

December 03, 2014

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...

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OFCCP TO RELEASE FINAL RULE ON GENDER IDENTITY DISCRIMINATION

December 02, 2014

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...

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CONTRACTOR FEEDBACK ON 503/VEVRAA GOOD FAITH EFFORTS - ACCOUNTABILITY IS KEY

December 01, 2014

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...

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EEOC SET TO ADDRESS GENDER PREFERENCE AS "SEX STEREOTYPING"

November 26, 2014

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...

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Tips to Increase Employee Response on Disability Forms

November 25, 2014

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...

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OFCCP'S SEX DISCRIMINATION GUIDELINES NPRM LANDED AT OMB ON FRIDAY

November 24, 2014

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...

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Newly Released Compensation Guidance: Scheduling Letter Itemized Listing

November 18, 2014

A month and a half has now passed since the release of the new scheduling letter, and the OFCCP has finally provided federal contractors with some guidance on submission of employee compensation data under ‘Item 19’ of the itemized listing. The...

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