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DCI Staff Attend 31st ILG Annual Conference Held in Indianapolis

August 14, 2013

The 31st Annual National Conference for the Industry Liaison Group (ILG) was held July 30 – August 2, 2013 in Indianapolis, IN. This annual conference brings together members of the federal contracting community to discuss affirmative action and...

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OFCCP V. VF JEANSWEAR LIMITED: ALJ DELIVERS SUMMARY JUDGMENT RULING IN FAVOR OF VF ON SUBGROUP AGGREGATION

August 07, 2013

The ruling, by ALJ Kenneth A. Krantz was handed down on 8/5/13. What’s interesting in this ruling is that OFCCP, for all intents and purposes, believed that VF was showing preference for Asians versus all other protected groups. The problem is that...

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UGESP SERIES POST #4: IMPLEMENTATION OF SELECTION SYSTEMS – A KEY PIECE OF THE VALIDATION PUZZLE

July 23, 2013

In this installment of our UGESP series, we address an aspect of the validation process that presents significant EEO enforcement risk if overlooked: selection procedure implementation.

The purpose of a validation study is to collect evidence that...

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OFCCP SETTLES WITH TUFTS ASSOCIATED HEALTH PLANS ON RACE-BASED CLAIMS OF DISCRIMINATION AND RETALIATION

July 19, 2013

In a press release dated July 17, 2013, the OFCCP announced that Tufts Associated Health Plans has agreed to a $372,739 settlement related to charges of race-based discrimination in termination and retaliation. The text of the settlement may be...

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UGESP SERIES POST #1: DEFINING EMPLOYMENT DECISIONS AND SELECTION PROCEDURES UNDER UGESP

July 09, 2013

In our last set of blog posts, we promised a series of posts attending to specific compliance issues related to the Uniform Guidelines on Employee Selection Procedures (UGESP). This is the first of what we hope will be an informative and useful set...

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UGESP Series Post #2: Analyzing Selection Decisions

July 09, 2013

In selection systems that leverage more than one procedure and/or tool to make employment decisions, evaluation of disparities becomes complicated, as disparity analyses may be required at multiple steps in the process. Selection procedures...

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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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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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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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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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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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SIXTH CIRCUIT LEANS ON DUKES V. WAL-MART TO DENY CLASS CERTIFICATION

June 18, 2013
The case is Davis v. Cintas, decided by the 6th Circuit on 5/30/13 [2013 U.S. App. LEXIS 10856]. This case is very much like Dukes v. Wal-Mart [131 S. Ct. 2541, 112 FEP Cases 769 (2011)], but on a smaller scale. Aside from scale, the claims are...
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