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US Supreme Court Addresses Affirmative Action in Higher Ed . . . Sort of

On June 24th the Supreme Court issued its opinion in Fisher v. University of Texas at Austin, et al. – a highly anticipated decision and the court’s most prominent opportunity to address affirmative action in the last decade.  Fisher involves the use of race in the higher education admissions context and experts speculated the Court’s decision may shed light on … Continue Reading

Federal Court Sides with OFCCP in Hospital Jurisdiction Case

In yet the latest chapter of the ongoing debate between the health care industry and OFCCP over the reach of the Agency’s jurisdiction, a federal court has determined OFCCP has jurisidction over three Pittsburgh-area hospitals receiving payments from a health plan for providing medical services to U.S. government employees. In light of this decision, OFCCP likely … Continue Reading

Recent OFCCP Lawsuit Sends a Clear Message to Government Contractors – This Agency Means Business!

We can’t say it enough – the OFCCP is using aggressive tactics to impress upon contractors that non-compliance with the agency is not an option.  If you want to do business with the Government, you’ve got to “play ball” with OFFCP. Just days before President Obama was officially sworn into a second term, OFCCP filed … Continue Reading

One Week After Obama Wins Re-Election, OFCCP Signals Commitment to Vigorous and Expansive Enforcement: Pledges Continued Compliance Reviews (and Litigation) in TRICARE Cases Unless Court Clarifies Florida Hospital Decision

 As an update to our recent post discussing the latest chapter of the OFCCP/TRICARE saga, OFCCP has asked the United States Department of Labor’s Administrative Review Board to reconsider their “deeply divided” decision in which a plurality of the ARB decided the National Defense Administration Act (NDAA) precluded OFCCP’s jurisdiction over Florida Hospital.    In requesting … Continue Reading

Favorable Decision for TRICARE Employer Doesn’t Foreclose OFCCP Jurisdiction for All in the Healthcare Industry

Florida Hospital of Orlando received good news on Friday when the Administrative Review Board (ARB) found in their favor and concluded OFCCP could not subject the hospital to a compliance review.  While this decision answers the outstanding question of OFCCP jurisdiction for Florida Hospital, it is by no means establishes a blanket exemption for others, … Continue Reading

A Judge Who Understands Statistics – Apsley v. Boeing: An Age Discrimination Pattern or Practice Discrimination Case Where the Federal Court of Appeals Takes a Close Look at Plaintiff’s Statistics

In the recent Tenth Circuit Court of Appeals case, Apsley v. Boeing Co., the Court rejected statistical evidence offered by a class of approximately 700 older workers because the evidence inappropriately lumped together thousands of hiring decisions.   Plaintiffs’ statistical evidence analyzed the multi-facility workforce together as a whole and concluded there were five standard deviations … Continue Reading