A source of insights, news and strategy on affirmative action and EEO compliance matters
As we shared with you on Tuesday, Vice President Biden announced that the Department of Labor’s Office of Federal Contract Compliance Programs has released its long-anticipated final regulations under Section 503 of the Rehabilitation Act of 1973, as amended (“Section 503”).
Section 503 prohibits covered Federal contractors from discriminating in employment against individuals with…
The wait is finally over – OFCCP has released the long-awaited Veterans and Disability Regulations.
The regulations have not yet been published in the Federal Register but soon will be and will take effect 180 days after publication.
We’re making our way through the materials and will be back soon with updates.
OFCCP has at long-last released the updated Federal Contract Compliance Manual (“FCCM”), which guides Compliance Officers during compliance evaluations. OFCCP says the 500+ page manual “provides procedural and technical guidance on compliance issues based on current agency procedures and processes and improves consistency across the agency´s regional and field offices.” This peek behind the curtain…
We’ve previously written about OFCCP’s July 30 and 31 submission of revised proposals for regulations on compliance obligations regarding Veterans and Individuals with Disabilities to the of Management and Budget (“OMB”) for approval. If OMB determines no additional comment is needed to approve OFCCP’s regulations, OFCCP could soon published final versions in the Federal Register.…
Spring is long gone but OFCCP has recently been doing some weeding… and replanting. OFCCP recently released these Directives, some more notable than others:
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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…
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…
Speculation has been swirling around the release date for OFCCP’s revised Veterans and Individuals with Disabilities regulations. While the regulations will not be finished in July as OFCCP had intimated, the Agency did take the next crucial step on July 30 and 31 by submitting them for Office of Management and Budget (“OMB”) approval. As…
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…
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…
