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
Case Law update
Court Affirms OFCCP’s Authority in Next Chapter of Bank of America Litigation
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…
House Speaker John Boehner to Sue President Obama Over Recent Executive Orders
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…
U.S. Supreme Court Upholds Voter-Approved Ban on Affirmative Action in Public University Admissions
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…
OFCCP v. Healthcare Industry: The Battle Isn’t Over Yet
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…
Challenge to New Disability Regulations Fails on Cusp of Effective Date
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…
The Battle Between OFCCP and the Healthcare Industry Continues in Washington
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 …
Requirement to Post Union Rights Still in Effect for Federal Contractors
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”…
Requirement to Post Union Rights Pursuant to Executive Order 13496 Challenged
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…
OFCCP Hiring Discrimination Settlement Focused on the Use of a Pre-Employment Test
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…