Connie Bertram

Connie Bertram

Proskauer Rose LLP

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The New OFCCP Sexual Orientation And Gender Identity Protections Are Now In Effect

Yesterday, Executive Order (“EO”) 11246, as amended by EO 13762, officially went into effect, representing the first time in the federal sector that sexual orientation and gender identity have been expressly protected. On...more

4/10/2015 - Barack Obama Discrimination EEO Executive Orders FAR Federal Contractors Gender Identity OFCCP Sexual Orientation Discrimination

Virginia Governor’s Order “Encourages” Private Employers to “Ban the Box”

Last week, Virginia Governor Terrence McAuliffe signed an executive order “banning the box” on most state employment applications and “encouraging” private employers and government contractors to do the same. “Ban the box”...more

4/7/2015 - Ban the Box Criminal Background Checks EEOC Hiring & Firing

SEC Announces Enforcement Action Regarding Employee Confidentiality Agreement

On April 1, the Securities and Exchange Commission (SEC) announced its first settlement of an enforcement action under the SEC’s Rule 21F-17, which prohibits any person from taking “any action to impede an individual from...more

4/7/2015 - Confidentiality Agreements Enforcement Actions Internal Investigations KBR (formerly Kellogg Brown & Root) Rule 21F SEC Whistleblower Protection Policies Whistleblowers

President Obama Urged to “Ban the Box” for Federal Contractors

In a letter this past week, nearly 200 interest groups urged President Obama to issue an executive order “banning the box” for federal contractors and to implement other “fair chance” hiring reforms protecting ex-offenders....more

4/1/2015 - Ban the Box Barack Obama Contractors Criminal Background Checks Federal Contractors Hiring & Firing Legislative Agendas OFCCP

Department of State Inspector General Issues Report on Contractor Confidentiality Provisions with Employees

Monday, the Office of the Inspector General for the U.S. Department of State (OIG) issued a report on its review of the use of confidentiality agreements and policies by Department of State contractors. In preparing the...more

4/1/2015 - Confidentiality Agreements Department of State Federal Contractors OIG

19 Democratic Senators Urge DOL To Implement Fair Pay And Safe Workplaces Executive Order

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order (the “Order”), which imposes additional disclosure and compliance obligations on federal government contractors with contracts valued...more

3/31/2015 - Disclosure Requirements DOL Executive Orders Fair Pay and Safe Workplaces FAR Federal Contractors Legislative Agendas

OFCCP Provides Directory of LGBT Resources for Federal Contractors

As discussed in our previous post, on July 21, 2014, President Obama signed Executive Order 13672, banning federal contractors from discriminating against lesbian, gay, bisexual, and transgender (“LGBT”) workers, and adding...more

2/13/2015 - Barack Obama Executive Orders Federal Contractors Federal Procurement Systems Gender Identity LGBT OFCCP

Administration Submits Proposal To Increase OFCCP Budget For FY2016

On February 2, President Obama released his fiscal year 2016 budget proposal. The proposed budget includes nearly $113.7 million in annual appropriations to the Department of Labor’s Office of Federal Contract Compliance...more

2/10/2015 - Appropriations Bill Barack Obama DOL Federal Budget Federal Contractors OFCCP

OFCCP Announces Proposed Rules to Modernize Sex Discrimination Regulations

On Tuesday, the Office of Federal Contract Compliance Programs (“OFCCP”) announced a proposed rule to revise and modernize a sex discrimination guidance it issued in 1970 and clarify federal contractors’ obligations with...more

2/2/2015 - Discrimination EEOC Employer Liability Issues Federal Contractors OFCCP PDA Proposed Regulation Sex Discrimination Subcontractors Title VII

New OFCCP FAQs Clarify Rules Regarding Collecting and Reporting Veterans Data

In an effort to address confusion resulting from the new VETS-4212 Form, OFCCP recently posted two new FAQs addressing issues related to collecting and reporting disclosure data. The first FAQ addresses whether contractors...more

1/26/2015 - Contractors Data Collection Federal Contractors Hiring & Firing Job Applicants OFCCP Reporting Requirements Veterans VEVRAA

Proposed Rule Would Allow Contractors’ Employees To File Whistleblower Disclosures With OSC

Last week, the U.S. Office of Special Counsel (“OSC”), an independent federal investigative and prosecutorial agency that handles claims of wrongdoing within the executive branch of the federal government, proposed revising...more

1/26/2015 - Federal Contractors OSC Proposed Regulation Whistleblowers

Fourth Circuit Potentially Expands Scope of FCA Liability

On January 8, Fourth Circuit Court of Appeals, in United States ex rel. Badr v. Triple Canopy Inc., embraced a theory of implied certification under the False Claims Act (“FCA”), representing a departure from prior Fourth...more

1/26/2015 - Defense Sector False Claims Act Federal Contractors Triple Canopy

D.C.’s “Ban the Box” Law Takes Effect, OHR Issues Notice of Rights

D.C.’s Fair Criminal Record Screening Act of 2014 took effect on December 17. The new law prevents employers with 11 or more employees in D.C. from making any criminal inquiries on an initial employment application (i.e.,...more

12/24/2014 - Ban the Box Conditional Job Offers Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants New Legislation

D.C. Circuit Rejects Challenge To Section 503 Regulations Administered by OFCCP

On Friday, December 12, 2014, the D.C. Circuit rejected a challenge by Associated Builders and Contractors, Inc. (“ABC”) to the recent rules promulgated by OFCCP under Section 503 of the Rehabilitation Act protecting...more

12/16/2014 - Construction Industry Disability Discrimination Federal Contractors General Contractors OFCCP Section 503

LGBT Rule Affecting Federal Contractors Will Become Effective April 8, 2015

Last week, the Office of Federal Contract Compliance Programs announced a Final Rule prohibiting discrimination based on sexual orientation and gender identity by federal contractors and subcontractors. The Rule implements...more

12/11/2014 - Barack Obama Discrimination Employer Mandates Executive Orders Final Rules LGBT OFCCP

OFCCP Provides New FAQs on Scheduling Letter And Compensation Data

OFCCP recently released new FAQs regarding its revised scheduling letter and compensation disclosure requirements. As reported previously, OFCCP recently revised its scheduling letter and has issued proposed rules regarding...more

12/11/2014 - Disclosure Requirements OFCCP Proposed Regulation Scheduling Letters

OFCCP Submits Proposed Regulations Regarding Sex Discrimination For Review

OFCCP recently sent proposed regulations regarding sex discrimination to the Office of Management and Budget (OMB) for review. The content of the regulations has not yet been disclosed, but OFCCP has previously stated that it...more

12/9/2014 - Employer Liability Issues Federal Contractors OFCCP OMB Proposed Regulation Sex Discrimination

DOL Issues Final Rule Implementing Executive Order 13672’s Prohibition on Discrimination Based on Sexual Orientation and Gender...

Yesterday, the Department of Labor announced a Final Rule prohibiting discrimination based on sexual orientation and gender identity by federal contractors and subcontractors. The Rule, which implements Executive Order 13672...more

12/5/2014 - Barack Obama Discrimination DOL Executive Orders Federal Contractors Final Rules Gender Identity OFCCP Sexual Orientation Discrimination Subcontractors

Eleventh Circuit Limits Scope of FCA Whistleblower Suit

Late last month, a three-judge panel of the Eleventh Circuit Court of Appeals reinstated portions of a former executive’s False Claims Act (“FCA”) whistleblower action against Health Management Associates Inc. (“HMA”),...more

11/24/2014 - Appeals False Claims Act Health Care Providers Healthcare Facilities Medicaid Medicare Patient Referrals Whistleblowers

Sixth Circuit Dismisses Whistleblower’s Claims Made By Job Applicant

This week, the U.S. Court of Appeals for the Sixth Circuit ruled that a job applicant lacks standing to bring whistle-blower claims under the Energy Reorganization Act and the False Claims Act (“FCA”) because those laws’...more

11/21/2014 - Appeals Dismissals False Claims Act Federal Contractors Job Applicants Retaliation Whistleblower Protection Policies Whistleblowers

DC Circuit Dismisses Appeal By Three Hospitals Challenging Subcontractor Status

On November 14, 2014, the United States Court of Appeals for the District of Columbia dismissed as moot an appeal by three hospitals affiliated with the University of Pittsburgh Medical Center. The hospitals had challenged...more

11/21/2014 - Appeals Federal Contractors HMOs Hospitals OFCCP Subcontractors TRICARE VEVRAA

Recent OFCCP FAQ Clarifies Compliance Evaluation Scheduling Letter and Itemized Listing

On October 1, 2014, OFCCP released its new compliance evaluation scheduling letter and Itemized Listing. In a recently released FAQ, OFCCP provided guidance concerning federal contractors’ obligations under Item 19 of the...more

11/20/2014 - Contractor Audits Federal Contractors OFCCP Scheduling Letters

5th Circuit: Outing Whistleblower Equals Adverse Action

On November 12, 2014, in Halliburton, Inc. v. Admin. Review Bd., 5th Cir. No. 13-cv-60323, the Fifth Circuit affirmed an ARB’s decision that disclosing the identity of a whistleblower may constitute an “adverse action” under...more

11/18/2014 - Administrative Review Board Adverse Employment Action Corporate Counsel Employer Liability Issues Halliburton Litigation Hold Sarbanes-Oxley Whistleblowers

Lopez v. City of Lawrence Decision Criticizes “Disparate Impact” Analysis

In the context of analyzing a Title VII Civil Rights and Massachusetts law “disparate impact” claim, a federal court has cast considerable doubt on the efficacy of statistical tools employed in “disparate impact” analysis. In...more

11/14/2014 - Disparate Impact Employment Policies Job Promotions Law Enforcement Public Employees Title VII

OFCCP’s Recent FAQ Clarifies How Contractors May Document Invitations To Self-Identify

As part of its ongoing effort to answer questions concerning last year’s Section 503 regulations, OFCCP recently posted a new FAQ that highlights how contractors may document compliance with the requirement to invite...more

11/10/2014 - Contractors Federal Contractors OFCCP Subcontractors

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