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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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Supreme Court Punts in Long-Awaited Ruling in Fisher V. University of Texas

July 09, 2013

The ruling was handed down on 6/24/13 [2013 U.S. LEXIS 4701]. In a 7-1 vote (with Justice Kagan not participating), the Court decided that the district used the wrong standard for ruling summary judgment for the university, which, the 5th Circuit...

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Outreach to Veterans II: Become A Champion

June 18, 2013

In our first Outreach to Veterans blog, we focused on developing a veteran recruitment strategy that considered resources available to you and how to maximize them. In addition, tips and resources were provided to ramp up your outreach efforts. To...

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Implications of Veteran Preference in Hiring

June 18, 2013

In an effort to strengthen regulatory requirements related to veteran affirmative action and nondiscrimination, the OFCCP released in April 2011 a Notice of Proposed Rulemaking (NPRM) for the Affirmative Action and Nondiscrimination Obligations of...

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Could you send us job descriptions for all 1,000 of your jobs by next week?

June 18, 2013

Because DCI has noticed an increase in the number of OFCCP requests for copies of job descriptions, we thought this might be a good time to discuss the importance of job descriptions. From an audit perspective, job descriptions can be a double-edged...

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Equal Pay Enforcement: What Do The Laws Say?

June 18, 2013

Art  recently described a pay equity ruling that was declined for review by the Supreme Court. At the heart of the ruling was the difference between pay equity under Title VII versus the Equal Pay Act. We thought a follow up blog on the matter would...

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Exploring The Uniform Guidelines on Employee Selection Procedures

June 18, 2013

Many readers are familiar with the Uniform Guidelines on Employee Selection Procedures (UGESP), which describe the standards by which EEO regulatory agencies evaluate adverse impact analyses and validation evidence in impact cases. Although these...

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