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Government Shutdown: What it Means For OFCCP

October 15, 2013

At the time this blog was written, the federal government has been closed for close to two weeks. In an earlier blog DCI staff suggested that federal contractors take a “business as usual” motto when it comes to OFCCP compliance. As many of you...

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Medtronic Settles With OFCCP On Wage Discrimination Charges

October 08, 2013

In a news release dated 9/23/13, the OFCCP announced a $290,000 settlement with Medtronic Interventional Vascular Inc., a wholly owned subsidiary of Medtronic (see https://www.dol.gov/newsroom/releases/ofccp/ofccp20131811). The OFCCP alleged that 78...

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Dukes V. Wal-Mart “Subclass” Plaintiffs Suffer Yet Another Loss

October 08, 2013
The case is Love v. Wal-Mart, decided on 9/4/13 by District Court Judge Robert N. Scolar, Jr. of the Southern District of Florida. The class is yet another subclass of plaintiffs from the original Dukes v. Wal-Mart class. This is fifth rejected...
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En Banc Panel of 5th Circuit Supports Verdict of Same-Sex Harassment

October 08, 2013

The case is EEOC v. Boh Brothers, decided by a 10-6 vote by an en banc panel of the 5th Circuit on 9/27/13 [2013 U.S. App. LEXIS 19867]. The facts in this case are clearly reprehensible. A male supervisor (Wolfe) of an all-male construction site...

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BUSINESS AS USUAL FOR THE CONTRACTOR COMMUNITY

October 01, 2013

The Office of Federal Contract Compliance Programs (OFCCP) is a part of the government shutdown occurring today. It is important for federal contractors and subcontractors to know that there will be no communication from the OFCCP staff during this...

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Choose Your Own Comparator: The Importance of Race Coding Strategy in Compensation Equity Analyses

October 01, 2013

In a prior blog post, we indicated that OFCCP has taken a position that the specific strategy for dummy coding races in a regression analysis does not matter. Specifically, they have argued that the group that one chooses as the referent group is...

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Final 503 and 4212 Regulations to be Published in Federal Register Today

September 24, 2013

On August 27, 2013, we reported that OFCCP had released the new regulations updating Section 503 of the Rehabilitation Act of 1973 and Section 4212 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA). Today, those regulations...

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Collection of Self-Identified Disability and Veteran Status: When to Start

September 24, 2013

New OFCCP regulations to Improve Job Opportunities for Protected Veterans and Improve Job Opportunities for Individuals with Disabilities were published in the Federal Register on September 24, 2013, setting the effective date for March 24, 2014....

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OFCCP Releases Section 503 & VEVRAA

September 24, 2013

The new rules become effective 180 days from today (i.e., regulatory effective date); however, the date of compliance will differ for contractors depending on the subsection and the contractor’s affirmative action plan date. Contractors are expected...

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WHAT’S NOT IN THE FINAL RULES OF 503 AND VEVRAA?

September 24, 2013

On August 27, 2013 Vice President Biden and The U.S. Department of Labor announced two final rules which aim to improve hiring and employment of individuals with disabilities and veterans. Section 503 of the Rehabilitation Act of 1973, prohibits...

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Exactly What is a Hiring Benchmark?

September 24, 2013

(And explain it to me, like I’m a 6th grader…in my best Denzel Washington voice, which is not very good)

The final VEVRAA rule will require federal contractors to establish a “hiring benchmark,” which OFCCP repeatedly and clearly states is NOT a...

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A Speculative Note on What The Future May Bring

September 24, 2013

Recent DCI blogs have summarized high-level themes from the new 503 and VEVRAA regulations. One theme relates to the new analytics that may be required by the final regulations. The new regulations provide for a (1) protected veteran benchmark...

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