By Scott M. Pechaitis and Sabrina L. Brown As we reported last Friday, OFCCP has kicked-off 2019 with a bang – issuing three directives in a single day. Yesterday we reported on the first of three new Directives OFCCP issued to kick off fiscal year 2019. Today we cover the second Directive – Directive 2019-02: … Continue Reading
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
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
As anticipated, OFCCP has released its new Sex Discrimination Rules – replacing the outdated Sex Discrimination Guidelines that have been in place since the 1970s. The release coincides with the White House’s United State of Women Summit being held today in Washington D.C.. The new rule will go into effect on August 15, 2016 and addresses … Continue Reading
The 33rd Annual Industry Liaison Group National Conference has officially come to a close. For four days, conference attendees attended a multitude of sessions providing insight and guidance on the latest EEO and Affirmative Action trends. Highlights of the conference began with Director Patricia Shiu’s opening remarks as well as the EEOC and OFCCP joint presentation discussion … 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
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 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
On Wednesday, December 4th at 10:00 a.m., the Subcommittee on Workforce Protections held a hearing entitled, “Examining Recent Actions by the Office of Federal Contract Compliance Programs.” During the hearing, witnesses offered testimony on (1) the effects of the new veteran and disability regulations on workers and employers, and (2) attempts by OFCCP to exert jurisdiction over health … Continue Reading
In the wake of the financial crisis a few years back, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, which focused on an overhaul of federal financial regulations. What does that have to do with affirmative action and OFCCP? Well, buried on page 166 of the Act are new obligations imposed on … Continue Reading
On September 24, 2013, OFCCP published the final rules for veterans and individuals with disabilities. The new rules require that employers make substantial changes to their hiring processes and systems within 120 days, or by March 24, 2014. For more information on these changes, click here. However, because it is unclear how the Agency will … Continue Reading
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
Over the past few weeks, we provided our initial assessment of the OFCCP’s new disability and veterans regulations. We also held our first in a series of complimentary webinars to help the employer community better understand their new obligations and the implications for your budgets, staffing and IT systems. More to come soon in the … Continue Reading
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
Welcome to the Affirmative Action & OFCCP Law Advisor Blog Where you can: Stay up to date on the latest developments in affirmative action and the Office of Federal Contract Compliance Programs (OFCCP) Receive analysis and commentary from Jackson Lewis attorneys on all things related to affirmative action and federal contractors The Kick-off We’re kicking-off … Continue Reading
