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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other things, gender identity and, more generally, sex discrimination which, by its own admission, are 30 years old and out of date (see the formal notice).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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NEW SOUTHEAST REGIONAL DIRECTOR AND CORPORATE SCHEDULING ANNOUNCEMENT LETTERS

November 14, 2014

The OFCCP has selected a new regional director for the Southeast Regional Office. Sam Maiden will be the new director of OFCCP’s Southeast Regional Office starting on December 14. Sam will lead a team of 108 staff working in the regional...

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Last Call to Register for Today's Webinar Wednesday: Components of the Selection Process

November 12, 2014

Components of the Selection Process

DCI will be hosting the final installment in its Webinar Wednesday series today, November 12th, at 2:00PM EST. This session will discuss the importance of completing a steps analysis in order to evaluate the...

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FAQ Clarifies Storage Options For Disability Self-Identification

November 04, 2014

OFCCP has posted a new FAQ detailing the acceptable options for a contractor in documenting the voluntary invitation to self-identify as an individual with a disability. Based on contractors’ varying technology capabilities and practices, the FAQ...

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Understanding Data Aggregation in Lopez v. City of Lawrence

November 03, 2014

Art Gutman recently summarized the ruling in Lopez v. City of Lawrence, a police promotion disparate impact case. In this case, a district court judge ruled in favor of the employer along multiple dimensions, and rejected aggregation of test-taker...

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Dollar General Agrees To 4 Million Dollar Settlement For Improper Use Of Background Credit Information

October 31, 2014

The case is Marcum v. Dolgencorp (E.D. Va., No. 12-108, 10/16/14) and the reason for the settlement has nothing to do with adverse impact. The basis of the settlement is the Fair Credit Reporting Act (FCRA). The following is a brief overview of...

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New Guidance on Job Listing Options for “Remote Jobs”

October 30, 2014

The requirement to list job openings with the appropriate employment service delivery system (ESDS) where the opening occurs is not new. However, contractors have questioned how to interpret and comply with this requirement for flexible “remote...

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