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UGESP Series Post #5: Suitable Alternatives and Reasonable Effort: What is an Alternative and What is Reasonable?

October 29, 2013

We are back! After a brief hiatus, we continue our UGESP Series by exploring the UGESP concept of suitable alternative selection procedures addressed by the UGESP. This piece explores the difficulty in determining (a) whether two selection...

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Supreme Court Hears Oral Arguments in Schuette v. Coalition

October 22, 2013

Oral arguments were held on October 17, 2013. In a nutshell, the case is about a Michigan law (Proposal 2) than bans preferential treatment based on race, sex, color, ethnicity, or national origin in public education, employment, or contracting....

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Three Judge Panel of the 6TH Circuit Affirms District Court Ruling in EEOC V. PeopleMark in 2-1 Ruling

October 22, 2013

The case is EEOC v. Peoplemark, an appeals ruling decided on 10/7/13 [2013 U.S. App. LEXIS 20408]. We previously reported the district court ruling in this case in a client alert on 11/15/11. The facts of the case are that the EEOC claimed that...

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Status Update on VETS-100a and EEO-1 Filings

October 22, 2013

Now that federal employees are back to work after the government shutdown, what is the status of the EEO-1 and VETS-100A annual required filings? The standard EEO-1 reporting deadline (September 30th) passed prior to the shutdown. For contractors...

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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 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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