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OFCCP SUBMITS 4212 REGULATIONS TO OMB

July 31, 2013
OFCCP has submitted the 4212 regulations to the Office of Management and Budget (OMB) today in final form. OMB has at least 60 days to review the regulations. This does not mean the regulations are final and in place ---- OMB can now either approve...
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OFCCP RELEASES DIRECTIVE 310 PROVIDING GUIDANCE ON BACK PAY CALCULATIONS

July 25, 2013
OFCCP has released Directive 310 to provide guidance on calculating back pay as a part of make whole relief for victims of employment discrimination when using formula or individual relief. DCI is currently reviewing this new directive and will...
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UGESP Series Post #4: Implementation of Selection Systems – A Key Piece of The Validation Puzzle

July 23, 2013

In this installment of our UGESP series, we address an aspect of the validation process that presents significant EEO enforcement risk if overlooked: selection procedure implementation.

The purpose of a validation study is to collect evidence that...

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Initial Effects of Directive 307 During OFCCP Audits

July 23, 2013

In light of the recent OFCCP Directive 307, DCI has noted trends during audit situations related to how OFCCP staff are interpreting and enforcing the directive.

In some Regional and District Offices, there are circumstances where compliance...

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Subgroup Analyses Under Directive 307: Awaiting an Update From OFCCP

July 23, 2013

Since its release in February 2013, Directive 307 has certainly been on the mind of federal contractors. This blog has covered a number of issues related to Directive 307 that may make proactive analyses of pay equity complicated. One such issue...

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OFCCP Settles With TUFTS Associated Health Plans on Race-Based Claims of Discrimination and Retaliation

July 19, 2013

In a press release dated July 17, 2013, the OFCCP announced that Tufts Associated Health Plans has agreed to a $372,739 settlement related to charges of race-based discrimination in termination and retaliation. 

I recently described the prongs of...

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UPDATE TO OFCCP’s ONLINE CSAL LIST

July 19, 2013

In yesterday’s client alert, we announced that OFCCP has released its CSAL online. However, an official with OFCCP has stated that the release of this list on its website was a “technical snafu” and was not intended to be released. The official...

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Supreme Court Adopts Stricter Test for Proving Retaliation in Title VII Cases

July 19, 2013

The case is University of Texas Southwestern Medical Center v. Nassar, decided on June 24, 2013 [2013 U.S. LEXIS 4704]. Excuse my delay … I have been wrestling with relevant background factors to provide the best framework for describing the ruling....

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OFCCP Begins Posting CSAL Notices Online

July 18, 2013
At last year's Industry Liaison Group (ILG) National Conference in Hawaii, OFCCP Deputy Director Tom Dowd announced that the agency would begin posting Corporate Scheduling Announcement Letters (CSAL) on the OFCCP website. At the time, many in the...
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OFCCP'S Disability and Protected Veteran Regulations: Are They Imminent?

July 10, 2013

In our last update on the proposed Protected Veterans and Individuals with Disabilities regulations, we discussed the delayed publication of the final rules as compared to OFCCP’s planned release date of April 2013. The recently published Spring...

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UGESP Series Post #1: Defining Employment Decisions and Selection Procedures Under UGESP

July 09, 2013

In our last set of blog posts, we promised a series of posts attending to specific compliance issues related to the Uniform Guidelines on Employee Selection Procedures (UGESP). This is the first of what we hope will be an informative and useful set...

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UGESP Series Post #2: Analyzing Selection Decisions

July 09, 2013

In selection systems that leverage more than one procedure and/or tool to make employment decisions, evaluation of disparities becomes complicated, as disparity analyses may be required at multiple steps in the process. Selection procedures...

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