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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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SUMMARY JUDGMENT OVERTURNED IN RACE & SEX CLAIM FOR BLACK FEMALE REPLACED BY HISPANIC FEMALE

March 03, 2014

The case is Shazor v. Professional Transit Management decided by the 6th Circuit on 2/19/14 [2014 U.S. App. LEXIS 2943]. The facts of the case are that Professional Transit Management (PTM), a provider of management services to transit authorities...

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Federal Magistrate Orders Voluntary Remand In ARB Ruling Against Frito-Lay

March 03, 2014

The ruling, which was handed down on 2/11/14 by US Magistrate Judge David L. Horan in and for the District Court of the Northern District of Texas.

The facts are that OFCCP initiated a compliance review of Frito-Lay’s Dallas Baked facility on July...

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EEOC V. Freeman Round 3: EEOC Appeals Summary Judgment

March 03, 2014

This is our third Alert on EEOC v. Freeman, in which the EEOC has charged that Freeman’s use of background checks and criminal records adversely impacted blacks, Hispanics, and males. The EEOC also charged Freeman with a pattern or practice of...

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OFCCP’S Version of Item 11 Compensation

February 11, 2014

Since OFCCP’s compensation Directive 307, federal contractors are experiencing more intense scrutiny of their compensation systems during OFCCP compliance reviews. A recent trend among compliance officers across regions is to ask contractors to...

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4 Months Later... So What Exactly is a Hiring Benchmark?

February 11, 2014
A little over four months ago, we asked the question, “ Exactly what is a hiring benchmark”? In that blog, we reviewed the VEVRAA regulatory language, the preamble to the regulation, and the OFCCP FAQ explaining the difference between the benchmark...
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New OFCCP Regulations Going Live: Are You Ready?

February 11, 2014

As previously featured on this blog, the Department of Labor’s 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...

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