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other things, gender identity and, more generally, sex discrimination which, by its own admission, are 30 years old and out of date (see the formal notice).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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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...
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...
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...
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...
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...