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  • Pay Analyses:  Which Type is Right for You?
    'Equal Pay' is everywhere. In recent months, several states have passed legislation around pay equity, creating a patchwork of legal obligations for multi-state employers. Government agencies are increasingly focused on unearthing pay discrimination. Employers of all sizes and in all industries are grappling with new obligations, rising numbers of pay discrimination claims, and increased media attention in the area of pay e...
  • Using Third-Party Vendors to Process Accommodation Requests:  Some Practical Tips
    by Linda C. Batiste - June 18, 2019
    The Job Accommodation Network (JAN) is a free consulting service for workplace accommodations and compliance with the employment provisions of the Americans with Disabilities Act (ADA). Last year we provided consulting services to over 47,000 customers, mainly employers and employees with disabilities. Hearing from both sides of the accommodation process enables us to follow national trends and also helps us identify barrie...
  • Affirmative Action in College Admissions
    by Marilynn L. Schuyler - May 23, 2019
    As federal contractors, academic institutions are responsible for abiding by the regulations enforced by the Office of Federal Contract Compliance Programs (OFCCP), which include taking affirmative action with respect to employment. The additional challenge for academic institutions is implementation of affirmative action in admissions. This is under the jurisdiction of the Department of Education’s Office of Civil Ri...
  • Despite DOL
    by Alexander R.P. Dunn - May 23, 2019
    As Foley and Lardner reported recently, on April 29, 2019, the U.S. Department of Labor (DOL) issued an opinion letter clarifying its stance on the classification of workers in the gig economy. The letter provided good news to those who contract with workers in the 'gig economy,' concluding, based on the facts provided, that with respect to the specific company that solicited the letter, its workers would be properly classi...
  • Do the Supreme Court's Holdings in Wal-Mart Stores, Inc. v. Dukes Apply to OFCCP?  Part 4
    by Bill Doyle - May 23, 2019
    In the prior articles in this series, we concluded that the Supreme Court's pattern or practice holdings in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), provide important guardrails applicable to OFCCP enforcement actions. The last installment examined the Supreme Court's specific holdings regarding allegations of a pattern or practice of disparate treatment. Here, we will consider the Supreme Court's ho...
  • How Employers Can Attract, Engage, and Retain Veterans
    by Robyn Grable - May 23, 2019
    According to the latest report from the Department of Defense, there are more than 50,000 active duty military service men and women in the state of South Carolina. Of those, 10 percent will leave the military each year. But will they stay in South Carolina? Additionally, 240,000 will separate from the military outside of South Carolina. And we certainly want them to relocate here. So what can employers do to attract vetera...
  • The OFCCP Digest Volume 9, Issue 5
    by LocalJobNetwork™ - May 23, 2019
    96 The OFCCP Digest is a complimentary resource for federal contractors on topics of Affirmative Action, EEO, and government compliance....
  • Tips on Preparing for the Discrimination Complaint Filed by a Former Employee Who Could Not Perform the Essential Job Function of Attendance at Work
    by Laura R. Garger - May 23, 2019
    Over 3,500 contractor locations will be receiving scheduling letters according to the fiscal year (FY) 2019 Corporate Scheduling Announcement Letter (CSAL) list that the Office of Federal Contract Compliance Programs (OFCCP) published in its Freedom of Information Act (FOIA) Library on March 25, 2019. In addition to the anticipated compliance reviews by OFCCP, contractors should be aware of another concern, often overlooked...
  • Do the Supreme Court’s Holdings in Wal-Mart Stores, Inc. v. Dukes Apply to OFCCP?
    by Bill Doyle - April 23, 2019
    In the prior article in this series, we concluded that the Supreme Court’s pattern or practice holdings in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), provide important guardrails applicable to OFCCP enforcement actions. The Supreme Court has addressed substantive discrimination standards under Title VII relatively infrequently, and, when it does, its holdings are quite consequential. In Dukes, the Supreme...
  • Missing Data and AAP/EEO Compliance - Applicant Data
    by Cassie Shamber, Dan Kuang - April 23, 2019
    On the face of it, missing data seems more of a mundane nuisance than a problem. This is particularly the case with applicants' voluntary self-reporting of race and gender data. Based on our experience, however, missing data is one of the most overlooked threats to AAP compliance. Unfortunately, most contractors do not realize this until they are deep in the middle of an OFCCP audit. The goal of this article is to help...