Welcome to the DCI Consulting Blog

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...

Read More

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,...

Read More

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,...

Read More

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...

Read More

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...

Read More

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...

Read More

Obama Issues Symbolic Executive Order on Retaliation for Pay Disclosure

April 29, 2014

On April 8, 2014, President Obama issued Executive Order 13665—Non-Retaliation for Disclosure of Compensation Information.  The Executive Order states,

The contractor will not discharge or in any other manner discriminate against any employee or...

Read More

Veteran Hiring Benchmark Updated to 7.2% for 2014 AAPs

April 29, 2014

Recently, the OFCCP updated the annual national percentage of veterans on their website from 8% to 7.2%. The initial final regulatory text indicated a hiring benchmark of 8%; however, the new 7.2% veteran hiring benchmark should be used for...

Read More

The Reality of Disability Survey Nonresponse

April 15, 2014

In a recent post, we highlighted some of the problems that may be encountered with collecting and analyzing the disability status of employees. In particular, there are data collection problems with relying upon a voluntary self-identification...

Read More

UPDATE ON OFCCP ENFORCEMENT ACTIVITY FROM FY2013

April 15, 2014

What is the likelihood of having a conciliation agreement at the end of an OFCCP compliance review? Does this vary by region? Being well into FY2014, it is time to begin wading through OFCCP’s enforcement activity of FY2013 to identify recent...

Read More

Reminder: Notifications to the States Must Be Submitted Simultaneously With Job Listing

April 15, 2014

As previously discussed in this blog post, the revised VEVRAA regulations became effective for Federal contractors on March 24, 2014. Although some contractors may have additional time for Subpart C, the rest of the requirements went live on the...

Read More

MONETARY FINES TO INCREASE FOR FAILURE TO COMPLY WITH "EEO IS LAW" POSTER REQUIREMENTS

April 15, 2014

The Equal Employment Opportunity Commission (EEOC) has announced that, as of April 18, 2014, the fine for organizations failing to comply with the “EEO is Law” posting requirements will increase from $110 to $210 per violation. The “EEO is Law”...

Read More

Stay up-to-date with DCI Alerts, sign up here:

Advice, articles, and the news you need, delivered right to your inbox.

Expert_Witness_1st_Place_badge

Stay in the Know!