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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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NELP Releases Latest Results on Ban the Box Laws

January 16, 2015

The term “Ban The Box” refers literally to the “box” on employment application forms that reference criminal background checks. On January 15, 2015 NELP updated from its 2013 report its latest figures on states, counties, and municipalities that...

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SCHOOL JANITOR WITH ASPERGER'S DISORDER IS DEEMED REGARDED AS BEING DISABLED

January 12, 2015

The case is Bellerose v. SAW No.39, decided by Judge Paul Barbadoro of the District Court of New Hampshire on 12/29/14 [2014 U.S. Dist. LEXIS 177718]. The facts of the case are that Bellerose, a school janitor, had difficulty communicating with his...

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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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