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Take Her to Sea, Director Shiu: New OFCCP Regulations on The Horizon

June 02, 2014

OFCCP is charging full steam ahead as their semiannual regulatory agenda forecasts the imminent publication of four Notices of Proposed Rulemaking (NPRMs) which are tremendously important to the contractor community. In their agenda, issued to the...

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Oklahoma Passes Law Restricting Access to Social Media Accounts of Employees

May 27, 2014

We have previously reported on two “disasters” related to the misuse of social media information (see Alerts dated 12/5/13 & 3/17/14). Now we have news that Oklahoma Governor Mary Fallin signed a bill that places restrictions on employers seeking...

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2014 SWARM Conference Meets High Expectations

May 21, 2014

The Annual Southwest and Rocky Mountain (SWARM) Region Industry Liaison Group (ILG) Conference is known for high-quality information sessions on topics of interest to the federal contractor community, as well as active participation by...

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DCI STAFF TO SPEAK AT 32ND ANNUAL ILG NATIONAL CONFERENCE

May 19, 2014

The 32nd annual Industry Liaison Group (ILG) national conference and exposition will be held on August 5th – 8th in Washington, DC. This year’s conference has been themed “learn from the legacy, while focusing on the future” in honor of the 50 year...

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MIC CHECK: PAY DATA COLLECTION TOOL NPRM FOLLOWS ON HEELS OF OFCCP LISTENING SESSION

May 15, 2014

On April 29, 2014, the OFCCP held a “listening session” to discuss the forthcoming regulations addressing President Obama’s Executive Order on pay discrimination and memorandum on contractor compensation data collection. During this meeting, a...

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American Community Survey (ACS) Data: Rural Areas Beware

May 13, 2014

As we have discussed in previous blogs, federal contractors are required to use the 2006-2010 American Community Survey (ACS) data to estimate external availability in Affirmative Action Programs (AAPs) dated January 1, 2014 or later. Now that we...

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FURTHER NOTE ON SCHUETTE V. COALITION TO DEFEND AFFIRMATIVE ACTION

April 29, 2014

Just as I finished writing on the Schuette ruling itself, I received an inquiry as to what, if any, are the implications of the ruling for federal contractors. I am still mulling over the ruling and will possibly have more to say about it in the...

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Supreme Court Rules in Favor of Michigan Voter Ban on Race Preference in Scheutte v. Coalition to Defend Affirmative Action

April 29, 2014

I previewed the oral arguments in this case in an Alert dated 10/22/13 and, quite frankly, I got it wrong. I thought it had a chance of being a 4-4 deadlock (Justice Kagan playing no role in the ruling). Instead it was a 6-2 ruling with Kennedy,...

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No Legal Basis For Claiming Reverse Discrimination Under The ADA

April 29, 2014

The case is Ingram v. Henry Ford Health Systems decided on 4/21/14 by Judge Nancy G. Edmunds of the U.S. District Court for the Eastern District of Michigan [2014 U.S. Dist. LEXIS 54857]. The facts of the case are that Ingram, a supervisor,...

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BED BATH AND BEYOND AGREES TO $125,000 SETTLEMENT FOR POLICY THAT AUTOMATICALLY EXCLUDES APPLICANTS WITH FELONY CHARGES

April 29, 2014

New York State Attorney General Eric T. Schneiderman announced on 4/22/14 that Bed Bath & Beyond agreed to rescind its policy to automatically exclude applicants with felony convictions and to pay $125,000 as part of the settlement, to include...

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SPLIT 6TH CIRCUIT PANEL OVERTURNS SUMMARY JUDGMENT RULING ON WORKING AT HOME AS A REASONABLE ACCOMMODATION

April 29, 2014

The case is EEOC v. Ford Motor Company decided by a 2-1 split ruling by the 6th Circuit on 4/22/14 [2014 U.S. App. LEXIS 7502].  The case is important because historically, circuit courts, including the 6th Circuit, have routinely held that working...

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Compensation Data Collection Tool: EO Survey 2.0?

April 29, 2014

Overview

The new memorandum from President Obama, signed on Equal Pay Day, directs the Secretary of Labor to publish a Notice of Proposed Rulemaking (NPRM) within 120 days of the date of this memorandum. The rule will require Federal contractors to...

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