Tag Archives: EEOC

Breaking News: EEOC/OFCCP Proposed Merger Resulting in Unexpected Allies

As we speculated yesterday, the White House’s proposed budget for fiscal year 2018 proposes to merge the Office of Federal Contract Compliance Programs (OFCCP) with the Equal Employment Opportunity Commission (EEOC). In the proposed budget, released this morning, the OFCCP would see its budget reduced from $105 million to approximately $88 million and have its … Continue Reading

Is a Merger of OFCCP and EEOC on the Horizon?

In February 2017, we speculated whether the Trump Administration would eliminate the OFCCP as a possible cost-cutting measure.  The discussion has continued since that time, and has, in the past weeks gathered more interest. The latest on the topic of the Office of Federal Contract Compliance Programs’ (OFCCP) fate stems from a recommendation by the Heritage … Continue Reading

Federal Contractors Not the Only Ones with Disability Goals

Federal agencies soon will be required to engage in affirmative outreach for individuals with disabilities. The final rule issued by EEOC on December 30, 2016, will require federal agencies to take steps to increase the number of its employees that are individuals with disabilities beginning in January 2018. This is similar to the affirmative action obligations in … Continue Reading

EEO-1 Pay Data Reporting – Will It Stay or Will It Go?

Predicting what any new presidential administration will or won’t do based on campaign statements is risky.  Nonetheless, we may glean some insights.  For instance, of the equal employment opportunity priorities mentioned during the campaign, the President-elect and his daughter, Ivanka, spent time talking about wage equality and childcare.  For example, on the news program, 60 Minutes, … Continue Reading

Complimentary Webinar: What should you do now to prepare for EEO-1 Annual Pay Data Reporting

EEO-1 Annual Pay Data Reporting Has Arrived: What Should Employers Do Now?  As we’ve been reporting, the new EEO-1 reporting rules require employers with 100 or more employees to annually report W-2 earnings, work hours, race/ethnicity and gender for all U.S. employees, separately for each location. First reporting will be on 2017 data. The first … Continue Reading

Breaking News: Final Pay Data Reporting Report and Paid Sick Leave Regulations Released

On the eve of the end of its fiscal year, the U.S. Department of Labor has released final rules for new EEO-1 Pay Data reporting obligations as well as paid sick leave regulations for federal contractors. EEO-1 Pay Data Reporting As highly anticipated, and a day before the deadline for the 2016 EEO-1 reporting period, EEOC … Continue Reading

‘Tis the Season . . . for EEO-1 & VETS-4212 Reporting

It rolls around each year:  back to school, Labor Day, football season and the September 30th deadline for government reporting.  While next year may bring changes given the proposed  EEO-1 pay report, the filing obligations remained unchanged for this year. Extensions Of note, we suspect the deadlines may not be automatically extended this year as they … Continue Reading

EEOC To Publish Update to EEO-1 Pay Data Reporting Proposal

EEOC has released, for publication tomorrow, an update with changes to its proposed EEO-1 pay data collection report.  Once published in the federal register, the public will have 30 days to submit comments.  This update takes into consideration public comments received on the Agency’s initially proposed pay data collection tool.  As it did previously, Jackson … Continue Reading

EEOC Releases New Documents Regarding Pay, Pregnancy

In addition to OFCCP’s release this week of its updated Sex Discrimination Rule, to coincide with White House’s United State of Women Summit in Washington, D.C., the Equal Employment Opportunity Commission (EEOC) released three new resource documents dealing with equal pay and pregnancy discrimination. The three documents released are: Equal Pay and the EEOC’s Proposal to … Continue Reading

EEOC Increases Penalties for Employment Law Posting Violations

The EEOC has announced an increase to the monetary fine for employers who fail to post the proper Title VII postings.  The penalty is now $525 per violation, a 150% increase from the previous $210 fine.  Pursuant to Title VII, the Americans with Disability Act and the Genetic Information Nondiscrimination Act (GINA), employers are required to post … Continue Reading

Comments Submitted on EEO-1 Pay Data Proposal

As part of the vibrant dialogue currently underway surrounding the EEOC’s proposal for modification of the annual EEO-1 Report to include information on pay, Jackson Lewis submitted feedback for the Agency’s consideration. During the public comment period, which closed April 1, 2016, Matt Camardella, Stephanie Lewis, Jennifer Seda and Stacey Bastone prepared and submitted a … Continue Reading

EEOC’s Proposed Pay Data Collection: What You Should Be Thinking About Now

As a follow up to our previous blogs about EEOC’s release of its proposed changes to the EEO-1 Report, Jackson Lewis systemic and pay discrimination experts, Stephanie E. Lewis, Paul Patten, Jennifer Seda and Mickey Silberman, have poured over the proposal and provide their insights and analyses in a recent article, “EEOC Proposes to Collect Pay Data from Employers.” We will … Continue Reading

Pay Data Reporting Proposal Published in Federal Register

As we reported last week, EEOC has proposed an amendment to the annual EEO-1 form for the collection of employee pay data.  The proposed amendment has now been officially published in the Federal Register and is available for public comment.  The deadline to submit comments is April 1, 2016. Pursuant to regulation, there will also be … Continue Reading

Protecting Your Proactive Pay Analyses

The Obama Administration has made it clear that closing the persistent gender “wage gap” is one of its top EEO priorities. As such, OFCCP has ramped up its enforcement of equal pay laws, including rewriting its compensation investigation guidelines with Agency Directive 307, revamping its Division of Statistical Analyses, and reinventing the pay data component … Continue Reading

EEOC Issues Updated Pregnancy Discrimination Guidance

Responding to the recent United States Supreme Court decision in Young v. UPS, the U.S. Equal Employment Opportunity Commission has issued revised Enforcement Guidance on Pregnancy Discrimination and Related Issues. In its press release announcing the updated guidance, the Agency explained the update to its previously released guidance were limited in scope and tailored to address the recent … Continue Reading

32nd Annual Industry Liaison Group National Conference

Hello from the 2014 ILG National Conference in beautiful Washington, D.C.  The theme of this year’s conference is “Celebrate 50 Years of Civil Rights” and the conference opens tomorrow morning with an address from Secretary of Labor Thomas Perez.  Key officials from OFCCP and EEOC as well as leading practitioners are scheduled to present throughout … Continue Reading

OFCCP Sends Proposed Disability Self-Identification Form to OMB

Under OFCCP’s new 503 regulations covering individuals with disabilities, employers must use the prescribed form to be provided by OFCCP to solicit disability status of applicants and employees.  OFCCP has sent to the Office of Management and Budget (OMB) for review.  It can be found here.  OMB must approve this form before OFCCP can require … Continue Reading

Complaint Alleges Aggressive, Reaching EEOC Investigations

We’ve previously written that the EEOC appears to be converting allegations of individual claims into nationwide, systemic discrimination investigations and we have yet another example to share with you. According to a recently filed complaint, EEOC is alleged to have engaged in “fishing expeditions” searching for potential class members and complaints of discrimination by directly emailing employees of a company engaged in a complaint investigation with … Continue Reading

“Not So Fast” … Maryland District Court Dismisses EEOC Criminal Background Check Lawsuit

In an opinion released last Friday, the District Court of Maryland granted summary judgment dismissing EEOC’s disparate impact criminal background/credit background lawsuit against the face-to-face marketing services company, Freeman.  This is the second high-profile criminal background back ground case in which EEOC has suffered a significant setback since the April 2012 issuance of the Agency’s … Continue Reading

“Test Your Test”: The Importance of Looking Critically at Your Employment Tests

As EEOC and OFCCP continue to focus on investigating andaddresing systemic discrimination in employer’s hiring practices, it is critical for employers to take a closer look at their employment tests. Matthew Camardella along with Anthea Dexter-Cooper of Jackson Lewis’ Long Island office recently provided some expert guidance and practical advice for employer who use (or are … Continue Reading

EEOC Taking Aggressive Measures Towards “Eradicating Systemic Discrimination” By Expanding Investigations to Include Non-Alleged Class Discrimination

It was only a matter of time, but it has happened.  In a letter received recently the EEOC advised it was expanding a single charge alleging disability discrimination, into include the non-alleged issue of nationwide class discrimination in hiring.  (See actual letter below).   Letter from EEOC – expanding jurisdiction  What?!  Non-Alleged??!  Nationwide?  Yes, you read … Continue Reading

Fair Pay: A Top Priority for Everyone

Everyone is talking about pay discrimination these days.  Even the Presidential candidates (and their running mates) are focused on the persistent pay gap and their plans for addressing pay in the workplace over the next four years.  Regardless of which party wins the election, it is clear compensation will remain in the spot light.  It … Continue Reading
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