In addition to issues involving the environment, immigration, and national security, the Trump Administration has been in the headlines recently for its stance on matters impacting the LGBT community. As we reported in a late-January, after close deliberation with daughter Ivanka, and son-in-law Jared Kushner, President Trump expressed support for LGBT rights and vowed to leave intact … Continue Reading
As anticipated, the first lawsuit challenging the legality of the Fair Pay & Safe Workplaces executive order and final rules is now on the books. Filed by the Associated Builders and Contractors, a construction trade group, and the National Association of Security Companies, the complaint contains six counts which allege the Obama administration, the FAR Council and … Continue Reading
Today in the case of Fisher v. University of Texas, the U.S. Supreme Court today held, in a 4-3 decision, that the “race-conscious admissions program in use at the time of petitioner’s application is lawful under the Equal Protection Clause.” This is the second time the Court has considered the issue but the first time … Continue Reading
In a week full of front-page news, the United States Supreme Court has agreed to again review the appropriateness of the University of Texas at Austin’s race-based admissions process in the case of Fisher v. University of Texas at Austin. The Supreme Court first reviewed the school’s consideration of race as a component of its admission process … Continue Reading
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
The United States Supreme Court has declined to accept Associated Builders & Contractor’s request to review the legality of OFCCP’s recently enacted regulations for individuals with disability. This rejection signals the end of ABC’s year and a half long challenge of the Agency’s Section 503 regulations. While this may be the final chapter for ABC’s challenge, the Agency and … Continue Reading
In an update to our post more than a year ago about the National Association of Manufactures’ legal challenge to the posting requirements under Executive Order 13496, a federal district court in Washington, D.C. has rejected NAM’s constitutional challenge to President Barack Obama’s 2010 Executive Order requiring certain federal contractors to post a “Notification of Employee Rights under Federal Labor Laws.” … Continue Reading
As a follow up to a story from earlier this year, the D.C. Circuit court has rejected the Associated Builders and Contractors, Inc. (ABCs) challenge of the requirements under the revised regulations implementing Section 503 of the Rehabilitation Act. In November 2013, ABC filed suit alleging OFCCP issued its recently revised regulations pertaining to individuals … Continue Reading
As reported more than a year ago, the U.S. Supreme Court remanded the Fisher v. University of Texas case back to the Court of Appeals for stricter scrutiny of the University’s consideration of race in its undergraduate admissions policy. The case centers on Ms. Fisher’s claim she was denied admission to the University based on … Continue Reading
In a long-running 4th Amendment case between OFCCP and Bank of America, a U.S. District Court has affirmed earlier rulings that: (1) Bank of America (BoA) waived its 4th Amendment objection to an OFCCP Desk Audit by providing information in response to a scheduling letter; and (2) OFCCP had probable cause obtained during the Desk … Continue Reading
Earlier today House Speaker John Boehner announced his intent to file a lawsuit challenging the constitutionality of the President’s recent Executive Order actions. As we have been discussing, President Obama has recently issued numerous Executive Orders affecting the employment practices of Federal Contractors. The details of the Speaker’s proposed lawsuit are not yet available but … Continue Reading
In 2006, Michigan voters amended their constitution to prohibit state and local governmental entities from considering race, or granting race-based preferences, in a wide range of actions and decisions, including admissions to state universities, as well as “the operation of public employment, public education, or public contracting.” Today, the U.S. Supreme Court ruled the ban … Continue Reading
The saga of OFCCP v. Florida Hospital of Orlando is synonymous with OFCCP’s ongoing battle to establish jurisdiction over healthcare providers. In late-2008, OFCCP brought an enforcement action after the Hospital objected to OFCCP’s jurisdiction, claiming it was not a covered “subcontractor.” An administrative law judge in October 2012 found the Hospital to be a … Continue Reading
As previously reported, a number of federal contractor associations have raised questions and concerns regarding the new veteran and disabled regulations. In November 2013, Associated Builders and Contractors, Inc. (“ABC”) challenged the validity of the disability regulations in federal court and today the United States District Court for the District of Columbia upheld the regulations, … Continue Reading
Today, yet another chapter of the attenuated battle between OFCCP and the healthcare industry unfolded on Capitol Hill. During a hearing on H.R. 3633, known as the Protecting Health Care Providers from Increased Administrative Burdens Act, Representative Tim Walberg, the bill’s sponsor, reported that Secretary of Labor Perez provided him with a letter detailing OFCCP’s promise to put a 5 year moritorium on … Continue Reading
Earlier this month the NLRB decided not to appeal two appellate court decisions invalidating the NLRB’s 2011 adoption of a rule requiring private sector employers to post notices advising employees of their rights under the National Labor Relations Act. The decision to allow this deadline to pass rendered the posting obligations “dead in the water” for … Continue Reading
In a recent court filing, the National Association of Manufacturers and the Virginia Manufacturers Association have challenged the legality of OFCCP’s requirement that federal contractors post notices informing employees of their rights under the National Labor Relations Act in connection with Executive Order 13496. In addition to other arguments, the complaint contends that while OFCCP has … Continue Reading
The OFCCP announced it has settled its allegations with M.C. Dean Inc. that the company engaged in hiring discrimination against minorities due to the use of an allegedly invalid pre-employment test. The Company settled for $875,000 that will be paid to nearly 400 minority applicants and must make 39 job offers as part of the settlement. … Continue Reading
OFCCP recently entered into two hiring settlements where the Agency alleged systemic discrimination against male applicants. These settlements reminds us OFCCP is not just focused on statistical trends against minorities and females, but that the Agency is also running adverse impact analyses against whites and males and will “go where the numbers take them.” In … Continue Reading
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
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
As we have written previously, OFCCP continues to focus its investigations on adverse impact in hiring. This week, one employer received good news in response to its challenge of an Agency finding. On Monday, a Department of Labor Administrative Law Judge issued a ruling that limited the OFCCP’s approach to investigating and establishing racial discrimination among subminorities. In … Continue Reading
As we reported last week, an en banc ARB panel, granting OFCCP’s Motion for Reconsideration, ruled OFCCP could assert jurisdiction over Florida Hospital based on the first prong of the defintion of subcontract in the regulations. The Court, however, has acknowledged that OFCCP may nevertheless be barred from asserting jurisdiction over Florida Hospital if the payments the hospital receives pursuant … Continue Reading
In an opinion released today, the en banc ARB panel tasked with reviewing last years’s ARB plurality decision – which held Florida Hospital was not subject to OFCCP jursidiction after passage of the NDAA (National Defense Authorization Act) – has found Florida Hospital is still subject to OFCCP jursidiction based on application of the first prong of the … Continue Reading
