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Directive 307: A Year in Review

March 17, 2014

It has been more than a year since OFCCP rescinded its Compensation Standards and issued Directive 307. As a result of this protocol change, OFCCP adopted a new method for grouping individuals for the purposes of reviewing compensation data. These...

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VETS ISSUES NOTICE OF PROPOSED RULEMAKING

March 17, 2014

The Veteran’s Employment and Training Service (VETS) recently published a Notice of Proposed Rulemaking (NPRM) for the reporting requirements under VEVRAA, currently known as the VETS-100 and VETS-100A reports.

The most significant change is the...

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$26.1 Million Awarded to Fired Employee in Age Discrimination Case

March 17, 2014

The case is Nickel v. Staples Contract and Commercial, Inc. (Shegerian and Associates) decided on 2/27/14 in Los Angeles County Superior Court. A summary of the case may be viewed here.

As reported by the plaintiff’s attorneys (Shegerian and...

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Yet Another Social Media Disaster: Facebook Post By Family Member Violates Confidentiality Agreement

March 17, 2014

The case is Gulliver Schools v. Snay decided in the Florida District Court of Appeals on February 26, 2014.

Snay, a former headmaster at Gulliver Schools, sued for age discrimination under Florida State law after his contract was not renewed. The...

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New OFCCP Disability and Veteran Regulations Effective in Two Weeks!

March 11, 2014

As previously featured on this blog, OFCCP published the revised Section 503 and VEVRAA regulations on September 24, 2013. The effective date for all contractors to comply with subparts A, B, D, and E is 180 days from the date they were published,...

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¿Como Se Dice: Disability Self-Identification Form?

March 04, 2014

We have written about the positive changes made to improve the final OFCCP mandated disability self-identification form. The form is now available on OFCCP's website. The next logical question is will the OFCCP provide the form in additional...

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What Is Actually Required of Contractors?

March 04, 2014

There seems to be an ongoing misconception that federal contractors are required to post qualified job openings with the nearest State Employment Service office. The misconception arises from an affirmative action obligation that is required under...

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Disability Utilization Goals Gone Wild

March 04, 2014

Beginning March 24, 2014, federal contractors will be required to collect disability information from their workforce on an annual basis and use those data to conduct disability utilization analyses. Under the new Section 503 regulations, each...

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Ambiguity REMAINS IN 503/VEVRAA DATA COLLECTION ANALYSIS REQUIREMENTS

March 04, 2014

The revised affirmative action regulations relating to protected veterans (VEVRAA) and individuals with disabilities (Section 503 of the Rehabilitation Act) take effect in less than a month. In spite of efforts made by the OFCCP to lessen the...

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ORGANIZATIONAL PROFILE 101: WHO’S THE BOSS?

March 03, 2014

During a recent audit experience, a compliance officer insisted that the workforce analysis was incorrect because a supervisor (including name) was not listed for each department. We thought it would be a great time to provide a quick refresher...

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4TH CIRCUIT FIRST TO RULE ON ADAAA PROVISION RELATED TO TEMPORARY IMPAIRMENTS

March 03, 2014

The case is Summers v. Altrium Institute [2014 U.S. App. LEXIS 1252] decided on 1/23/14 by the 4th Circuit. Summers was a senior analyst at Altrium when he had an unfortunate accident stepping out of a train in which he fell on the platform and...

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9TH CIRCUIT ENDORSES LARGE AWARD FOR ATTORNEY FEES FOR RELATIVELY PUNY AWARD FOR PLAINTIFF CLAIM

March 03, 2014

The case is Muniz v. United Parcel Service [738 F.3d 214], decided on 12/5/13. The facts are that Kim Muniz, who was first promoted to division manager, was subsequently demoted two levels to supervisor. Muniz claimed that a male manager convinced a...

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