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Are You Conducting EEO Analyses Of Your Performance Ratings?

February 17, 2015

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...

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SEX DISCRIMINATION NPRM: IS MANHANDLING JOB TITLES NECESSARY TO COMPLY?

February 13, 2015

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...

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"Distinguishing On The Basis Of Sex...": Will the Revised Sex Discrimination Regulations Impact Our Good Faith and Outreach Efforts For Women?

February 10, 2015

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...

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Sex Discrimination NPRM - A Focus on Compensation Enforcement

February 06, 2015

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....

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Submitting an Updated Plan in an OFCCP Desk Audit: What is the Temporal Scope?

February 03, 2015

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...

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1:1 Hiring Ratios - Are They So Bad?

February 02, 2015

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...

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Another Pay Data Collection? The EEOC Conducts Pilot Study

January 30, 2015

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...

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ANALYTIC ERROR IN THE EVALUATION OF "OTHER" FORMS OF COMPENSATION

January 29, 2015

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...

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Proposed Rulemaking for Revisions to Sex Discrimination Guidelines Released

January 28, 2015

Today, January, 28, 2015, OFCCP released the Notice of Proposed Rulemaking (NPRM) for the long awaited revisions to the Sex Discrimination Guidelines (RIN 1250-AA05). The proposed changes are presented to align the guidance with laws, court...

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OFCCP Forecast for 2015

January 21, 2015

DCI predicts that the OFCCP will continue to stay busy in 2015.  Here are the top stories and trends we expect to see this year from the agency.

1.) Sex Discrimination Guidelines2.) Construction Regulations3.) Equal Pay Report4.) VETS 42125.) ...

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OFCCP RELEASES FAQS ON VEVRAA SELF-ID REQUIREMENT

January 21, 2015

On Tuesday, January 20, 2015, the OFCCP released two FAQs clarifying the self-ID requirements under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) in light of recent changes to 41 CFR 61-300 (VETS-4212, formerly VETS-100 and...

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Supreme Court Oral Arguments on EEOC V. Mach Mining

January 19, 2015

The facts of the case are that Brooke Petkas and a class of female applicants for non-office jobs at Mach Mining sued Mach Mining, arguing that the company had never hired even a single female for non-office jobs. In fact, the company did not even...

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