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Huge Win for Federal Contractors: Statistical significance alone is not enough to prove a claim of discrimination

June 06, 2016

In an earlier blog  in this alert, Art Gutman summarized the April 21, 2016  Department of Labor Administrative Review Board (ARB) ruling related to a long-standing set of OFCCP allegations against Bank of America (BOA). This ruling serves as a...

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Gordon Food Service Settles with OFCCP for $1.85 Million

June 01, 2016

On May 11, OFCCP announced that Gordon Food Service (GFS) settled with the agency, agreeing to pay $1.85 million to female applicants to resolve allegations of hiring discrimination for laborer positions at four separate locations:  two in Michigan,...

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Fiscal Year 2016: 6-Month Enforcement Updates and a Review of OFCCP Trends

April 19, 2016

Over the past six months, DCI has continued to monitor OFCCP enforcement trends and priorities regarding compliance evaluations in FY 2016. In our 2015 blog we noted a reduction in the number of new audit scheduling letters received throughout 2015,...

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The OFCCP Institute Submits Comments on Proposed EEO-1 Updates

April 18, 2016

In response to the call for public comments, The OFCCP Institute submitted comments regarding the EEOC’s proposed update to the EEO-1 annual report. The OFCCP Institute’s feedback addresses concerns about the burden estimate and pay data proposed...

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The Wall Street Journal Reports on OFCCP Pay Investigation Results

April 05, 2016

On March 15, 2016, The Wall Street Journal released an article focusing on the results of pay discrimination investigations carried out by the Office of Federal Contracts Compliance Programs (OFCCP) through their standard compliance review process....

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What’s the theory behind base pay discrimination?

April 04, 2016

Recently DCI has noted a new trend in OFCCP enforcement of alleged base pay discrimination. Specifically, upon identifying statistical disparities in base pay, OFCCP has proceeded to enforcement under a theory of disparate impact rather than the...

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Understanding the attorney-client relationship: Know your rights

March 29, 2016

Federal contractors doing business with the federal government must comply with the regulations enforced by OFCCP and during a compliance evaluation, they must submit all items on the scheduling letter. However, some of the proactive analyses that...

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Reading Between the [Budgetary] Lines – What’s in store for FY 2017?

February 29, 2016

Since the release of OFCCP’s FY 2017 budget justification on February 8, 2016, the federal contractor community has been buzzing, as OFCCP’s requests shed light on the agency’s enforcement priorities for the near future. Given the current political...

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Audit Timeframe for Data Requests

February 02, 2016

The Scheduling Letter and Itemized Listing, reviewed and approved by the Office of Management and Budget (OMB), set the framework for what data are required to submit in a compliance review.  Specifically, item 18 in the Itemized Listing requires...

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Don’t be so insecure! Ensure data submitted to OFCCP is protected

February 02, 2016

Given the high prevalence of data security breaches and identity theft today, organizational leadership should be making the protection of their consumers’ and their employees’ confidential information a high priority. It is no surprise that federal...

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New Year’s Resolutions: What to Expect in 2016 with the OFCCP?

January 18, 2016

As contractors prepare for 2016, we want to share some reminders on what to be prepared for in the New Year with the OFCCP and EEO compliance. 

1.)    First full year of 503/VEVRAA analytics under Subpart C

Contractors were required to come into...

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The OFCCP Institute submits comments on proposed changes to Scheduling Letter and Itemized Listing

January 14, 2016

The OFCCP Institute (“The Institute”) recently submitted comments in response to OFCCP’s Proposed Renewal of Information Collection Requirements, published on October 29, 2015, which describes proposed changes to the Scheduling Letter and Itemized...

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