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DISTRICT COURT AFFIRMS UPMC HOSPITALS ARE FEDERAL SUBCONTRACTORS

April 23, 2013

Three hospitals affiliated with the University of Pittsburgh Medical Center (UPMC) were considered subcontractors by District Court Judge Friedman on March 30, 2013. The case is UPMC Braddock v. Harris and includes UPMC Braddock, UPMC McKeesport and...

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Court Finds Stock Statistics Sufficient for Systemic Discrimination Whereas Applicant Flow Data are Unnecessary

April 23, 2013

The case is EEOC v. Bass Pro Outdoor World (BPOW) decided on March 18, 2013 by District Court Judge Keith B. Ellison of the District of Texas, Houston Division [2013 U.S. Dist. LEXIS 36711]. As far as pattern or practice cases go, this one is not...

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Compliance Evaluations: From Courtesy Letter to Scheduling Letter

April 23, 2013

Given the recent wave of OFCCP courtesy letters sent to federal contractors this month, we thought a short review of the process in moving from courtesy letter to scheduling letter would be of interest to readers of this blog. The OFCCP utilizes the...

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OFCCP Audit Punch List

April 23, 2013

Given the recent wave of OFCCP courtesy and scheduling letters, we thought that a blog on early preparations in the OFCCP audit process would be of interest. Recall that all federal contractors and subcontractors in receipt of a supply and service...

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U.S. Census Bureau Releases Disability Employment Tabulation

April 09, 2013

In an announcement released on March 14th, the U.S. Census Bureau discussed the unemployment rate of workers with disabilities based on the new Disability Employment Tabulation. The statistics show that individuals with disabilities only account for...

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Outreach to Veterans: Are You Meeting Your Obligations?

April 09, 2013

Federal contractors and subcontractors that are covered under the Vietnam Era Veteran’s Readjustment Act of 1974 (VEVRAA) are required to take affirmative action in employing and advancing covered veterans. In practice, this means that contractors...

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RACE/ETHNICITY SUBGROUP ANALYSIS IN COMPENSATION ANALYSES: A CHANGE IN OFCCP PROTOCOL

April 09, 2013

OFCCP’s recent webinars on Directive 307 stated that compensation investigations will focus on individual race/ethnicity differences. If that is the case, a number of analytic questions require clarification.

  • Is the comparator group “White” or is...
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Issued Courtesy Letters Take Place of CSAL

April 09, 2013

OFCCP recently issued a large wave of announcement letters, as noted in the blog last week. These letters are in the form of the same “courtesy” letters that were sent at the end of 2012, rather than the traditional Corporate Scheduling Announcement...

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CRIMINAL BACKGROUND CHECKS TO GET A CLOSE LOOK

April 09, 2013

In the past year, both EEOC and OFCCP have given notice that they will be carefully watching employers’ policies on hiring criminal offenders. In April of 2012, EEOC issued, EEOC Enforcement Guidance on the Consideration of Arrest and Conviction...

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What Changed With Directive 307?

April 09, 2013

OFCCP’s Directive 307 outlines policies for evaluating compensation data that depart in three primary ways from guidance presented in the rescinded Compensation Standards:

  • No requirement to construct and analyze compensation data by Similarly...
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Supreme Court Agrees to Hear Key Affirmative Action Case

April 09, 2013

The case is Schuette v. Coalition to Defend Affirmative Action, which the Supreme Court granted certiorari on March 25, 2013 [2013 U.S. LEXIS 2504]. The case involves an amendment to the Michigan State Constitution that would prohibit all sex and...

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OFCCP Sends Latest Round of CSAL Notices to Contractor Establishments

April 01, 2013

OFCCP recently mailed its latest round of "courtesy" notices- the Corporate Scheduling Announcement Letter- to federal contractor establishments around the country. The form letters, dated March 27, 2013 and generically addressed to the "Human...

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