As we first reported last summer, OFCCP has been contemplating publishing the advance notification list of employer’s and their facilities selected for upcoming compliance reviews via the web. It came to our attention yesterday that these lists were available on OFCCP’s website – without any prior notification from the Agency. However, as it turns
Are Revised Veterans and Diasability Regulations Imminent? Likely Not.
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Posted in Regulatory Update
In the recently released Office of Information and Regulatory Affairs Spring 2013 “Agency Rule List,” the long awaited revisions to the OFCCP’s Veterans and Individuals with Disabilities regulations are listed with a July 2013 release date. If this was truly the case, the Office of Budget and Management’s (OMB) would have received (and…
OFCCP Director Shares Agency’s Thoughts on Recent Supreme Court Decisions
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On June 27, Patricia Shiu, OFCCP Director, gave the key-note speech at the National Employment Lawyers Association’s 2013 Annual Convention. In a portion of her remarks, Director Shiu referred to two U.S. Supreme Court decisions from this term – Vance v. Ball, which narrowly defined “supervisor” for Title VII purposes, and University of Texas…
OFCCP Charges of Discrimination – Yes, OFCCP Not EEOC
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For most employers dealings with OFCCP usually come in the context of responding to a scheduling letter initiating a compliance review. There is, however, another way OFCCP can investigate an employer. Two partners from our OFCCP and Affirmative Action practice group, Matt Camardella and Eric Felsberg recently provided employers with practical pointers and advice…
Signs Point to Continued OFCCP Focus on Pay Discrimination as the Equal Pay Act Turns 50
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Posted in Regulatory Update, Uncategorized
On Monday, June 10, 2013, the Equal Pay Act turned 50. President Obama commemorated this historic anniversary with public remarks at the White House in which he urged continuing pay equality efforts. Occupying a place of prominence, and an act no doubt intended to highlight the Agency’s efforts towards pay discrimination, Director Shiu stood behind…
OFCCP Plans More Webinars on New Compensation Directive
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Responding to questions following her keynote address at the annual conference of the American Association for Affirmative Action, OFCCP Director Patricia Shiu informed conference participants that OFCCP plans to conduct additional webinars on Directive 307, the Agency’s new Procedures for Reviewing Contractor Compensation Systems and Practices.
Director Shiu explained that there appears to be a…
OFCCP Announces January 1, 2014 as Date for Required Use of New Census Data
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Posted in Enforcement Update
In an announcement found on OFCCP’s website, the Agency has identified January 1, 2014 as the date federal contractors will be required to start using the most recently released EEO tabulation data in development of their affirmative action plans. In other words, all affirmative action plans updated in 2013 can be done so using…
OFCCP’s Budget Justification Document Further Emphasizes Enterprise-Wide Focused Reviews
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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…
OFCCP’s Budget Justification Gives Insight Into Agency’s Definition of “Systemic Discrimination”
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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…
OFCCP Asks for More Money in 2014 to Fund Expanded Pay Investigations
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In its recently released 2014 budget justification document OFCCP sought an approximate $1.1million dollar funding increase over 2013 levels. Following on the heels of its rescission of the 2006 Compensation Standards and Guidelines and implementation of Directive 307, OFCCP states the influx of cash will go to fund the Agency’s continued quest to “narrow…