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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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Criminal Background Checks: Guilty Until Proven Valid

July 09, 2013
EEOC recently sued BMW Manufacturing and Dollar General alleging that their use of criminal background checks resulted in discrimination against African Americans. The cases highlight the risks associated with the use of criminal background checks...
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Am I Underutilized?

July 09, 2013

Federal contractors covered under Executive Order (EO) 11246 are required to conduct several quantitative analyses as part of their affirmative action program (AAP). To determine in which job groups minorities and females are underutilized, 41...

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J.B. HUNT SETTLES WITH EEOC ON RACE DISCRIMINATION BASED ON CRIMINAL CONVICTION RECORDS

July 09, 2013

The Settlement was announced on 6/28/13 and may be viewed on the EEOC Website at http://www.eeoc.gov/eeoc/newsroom/release/6-28-13c.cfm. The details on this one are skimpy. In 2009, an African American candidate for a truck driver position at a J.B....

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Interpreting Section 503 of the Rehabilitation Act

July 09, 2013
The federal contractor community has been anticipating a 2013 final rule updating affirmative action and nondiscrimination obligations regarding individuals with disabilities. However, it may also be useful to think about what is currently required...
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SUPREME COURT NARROWS DEFINITION OF “SUPERVISOR” IN VANCE V. BALL STATE RACIAL HARASSMENT CASE

July 09, 2013

The ruling was handed down on 6/24/13 [2013 U.S. LEXIS 4703]. The issue of whether an alleged harasser is a supervisor or co-worker is important because employers have vicarious liability for supervisors, but must know, or have a basis for knowing,...

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When Good Faith is Not Good Enough – Lessons Leanred From OFCCP Audits

July 09, 2013

In Fiscal Year 2012, 30% of all OFCCP compliance evaluations closed with a technical conciliation agreement. Compare this number to FY 2004, where 5% of all compliance reviews closed with a technical conciliation agreement. A technical conciliation...

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