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US & Vulcan Society v. NYC

May 21, 2013

There are too many rulings in this case to summarize all of them in a single Alert. So I will stick to what I consider the four major acts in a play that is likely to continue. On May 14, the 2nd Circuit ruled in the latest version (Act IV) of US &...

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2010 CENSUS DATA: AN UPDATE FOR FEDERAL CONTRACTORS

May 21, 2013

Join us for a webinar to discuss OFCCP’s recent notice to federal contractors on the use of the 2006-2010 American Community Survey (ACS) EEO Tabulation in the development of their annual AAPs. OFCCP has informed federal contractors that the date...

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The Increased Likelihood of False Positives Under Directive 307

May 21, 2013

In an ongoing series of blog posts, we will be dissecting portions of Directive 307 to highlight the potential pitfalls with the Directive’s prescriptions for conducting pay equity analyses. At issue this week is OFCCP’s oversight regarding the...

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Playing Favorites? or Enforcing Systemic Equal Pay?

May 21, 2013

When examining pay equity issues, the OFCCP and federal contractors historically took the approach of comparing Whites to an aggregate of all protected groups (total minorities). In the past few years, OFCCP has moved away from a White-Minority...

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Compliance Assistance: Have No Fear

May 21, 2013

OFCCP recently reiterated that Federal contractors or subcontractors seeking compliance assistance from the OFCCP can do so without fear of retaliation, in the form of a compliance evaluation, as expressed in the OFCCP’s Non-Retaliation Policy for...

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Formica Settles Race Discrimination Case With OFCCP For $291,000

May 21, 2013

The settlement was reported on April 25, 2013 in a DOL News Brief. For undisclosed reasons, the specifics of the settlement have, as of this writing, not appeared in the OFCCP news site (see http://www.dol.gov/ofccp/). However, other sources,...

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Goodwill Industries Settles Sex Discrimination Case Against Males with OFCCP for $130,000

May 21, 2013

The settlement was reported on the OFCCP website on April 25, 2013. According to the release, the hiring process favored women for entry-level attendants because of the perception that women are better than men at customer service. This settlement...

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OFCCP Announces Date for Required Use of 2006-2010 Census Data

May 16, 2013

OFCCP announced May 15, 2013 that federal contractors will be required to use data from the 2006-2010 special EEO file starting January 1, 2014. Meaning, federal contractors with an affirmative action plan date of January 1, 2014 or later will need...

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WHAT IS THE STATUS OF PROPOSED VETERAN (4212) AND DISABILITY (503) REGULATIONS?

May 07, 2013

Based upon the FY 2013 Budget Request to Congress, OFCCP planned to release in final form the Veterans and Disabilities regulations sometime in April of 2013. However, those regulations are still at OFCCP going through “revisions” and have not been...

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Bertucci Contracting Settles Race Discrimination Case with OFCCP

May 07, 2013

Bertucci provides flood control and restoration services and has received more than 80 million in federal contracts related disaster recovery efforts, most notably, in the wake of Hurricane Katrina in 2005 and the British Petroleum oil spill in...

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8TH CIRCUIT DEFERS TO EMPLOYER’S JUDGMENT ON WHAT CONSTITUTES AN ESSENTIAL JOB FUNCTION

May 07, 2013

To claim protected class membership under the ADA, the individual must prove (a) disability within the meaning of the law (an impairment that significantly restricts a major life activity) and, (b) qualification (ability to perform the essential job...

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DCI Staff Attend SIOP’s 28th Annual Conference Held In Houston

May 07, 2013

The 28th Annual Conference for the Society for Industrial and Organizational Psychology (SIOP) was held April 11-13, 2013 in Houston, TX. Attendees and presenters from a variety of industries and backgrounds took part in the event, including but not...

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