Enforcement Update

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Answering additional questions following her American Association for Affirmative Action annual conference keynote address, Director Shiu took questions on OFCCP’s pending veteran and disabled individual revised regulations.  She explained the regulations are awaiting Office of Management and Budget (OMB) approval and acknowledged (as we suggested before) that they delay in approval could be…

In addition to detailing it’s definition of a systemic discrimination case, OFCCP’s 2014 budget justification document also confirms the Agency’s intent to implement an enterprise-wide investigative process (as opposed to focusing on individual establishments). In its budget justification document OFCCP states that focusing on identifying issues across multiple facilities will ensure that corporate-wide changes…

As we recently shared, OFCCP has issued its budget justification for fiscal year 2014.  As part of this document, OFCCP shared the details of how it will define a “systemic discrimination” case.

OFCCP defines systemic discrimination as a case meeting one of two criteria:

(a) the case addresses a measurable pattern of discrimination (either…

On March 27, 2013 OFCCP sent out a wave advance notice letters –referred to as CSAL’s – to employers across the country.  In November, 2012, OFCCP emailed more 1,750 CSALs.  We have learned the number of CSAL’s mailed last week exceeds the last round of notifications sent in November.  As result, employers can expect…

In an effort to provide the Office of Federal Contract Compliance Programs and its compliance officers “more flexibility” in the review of employer pay practices, the Agency has rescinded its own compensation standards and voluntary guidelines and issued a new “game-changing” Directive. Under the new Directive, OFCCP commits to developing a “case-by-case” approach to…

As an update to our breaking news post yesterday, we have published additional, initial, thoughts on OFCCP’s rescission of its Compensation Standards and the impact of the Agency’s new pay investigation procedures. See the following article on the Jackson Lewis website:  OFCCP Rescinds Compensation Standards and Will Develop New ‘Case-by-Case’ Investigative Approach.

We…

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,…