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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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Department of Labor Called to Defend Final Rules to House Committee

September 24, 2013

The Committee on Education and the Workforce in the US House of Representatives sent a letter dated September 19, 2013 to Labor Secretary Thomas Perez. This letter begins by stating that the Committee has conducted oversight on these proposed...

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EEOC MOUNTS CAMPAIGN ON REASONABLE ACCOMMODATIONS UNDER THE ADA

September 24, 2013

Within the last two weeks, the EEOC filed four lawsuits and announced one settlement all related to the same issue --- reasonable accommodations under the ADA.

On 8/29/13, the EEOC announced a lawsuit against House of Raeford Farms, a poultry...

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Gulino V. Board of Education NYC: Act VI

September 24, 2013

This case started in 1996 when Black and Hispanic teachers brought action in 1996 against both the State Education Department (SED) and the New York City Board of Education (the Board) claiming adverse impact based on two licensing tests, the...

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THIRD PARTY RETALIATION CLAIM ALLOWED TO PROCEED

September 24, 2013

The case is Dinkens v. Creative Business Solutions (CBS) decided on 9/4/13 by Judge Richard D. Rogers of the District Court of Kansas [2013 U.S. Dist. LEXIS 125898].

The facts in this case are interesting. Dinkens was offered a job by the United Way...

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EEOC V. Freeman: EEOC Dealt Another Loss On Background Checks

September 04, 2013

The ruling was handed down on 8/913 by Judge Roger W. Titus of the District Court of Maryland and may be read at the following site:

 This is the second defeat in a row for the EEOC on background checks following EEOC v. Kaplan’s Higher Learning...
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Implications of VF Jeanswear Case on Race Comparison Groups

September 04, 2013

In a follow-up to our August 7th blog on the ALJ ruling in the OFCCP v VF Jeanswear Limited case, we’d like to reiterate the importance of this case for contractors covered by EO 11246. In the last 5 or so years, some regions of OFCCP have moved...

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