Affirmative Action

News & Analysis as of

OFCCP Sues Google For Comp, Employee Data

Every year, typically in the fall, federal contractors across the nation receive scheduling letters from the Office of Federal Contract Compliance Programs informing them that they have been selected for compliance reviews....more

EEOC Rule on Affirmative Action for Individuals With Disabilities in Federal Employment

Seyfarth Synopsis: These new regulations require federal agencies to be “model employers” of individuals with disabilities. As such, they now must take specific steps that are “reasonably designed” to gradually increase the...more

Federal Contractors Not the Only Ones with Disability Goals

Federal agencies soon will be required to engage in affirmative outreach for individuals with disabilities. The final rule issued by EEOC on December 30, 2016, will require federal agencies to take steps to increase the...more

EEOC Issues Regulations on the Federal Government’s Obligation to Engage in Affirmative Action for People with Disabilities

New Rule Implementing Section 501 of the Rehabilitation Act Sets Employment Goals for Federal Agencies - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today published regulations explaining what...more

Will OFCCP bring back Courtesy Scheduling Announcement Letters in 2017?

Happy New Year! As we ring in 2017 and prepare for affirmative action and OFCCP compliance in a Trump administration, many contractors are wondering whether 2017 will bring an OFCCP audit their way....more

Court: Employees Seeking Accommodation Must Compete For Reassignment - Split In Circuits Could Lead To Supreme Court Intervention

The 11th Circuit Court of Appeals ruled that a disabled worker forced to leave her position because of her physical impairment must compete for vacant jobs when seeking reassignment, handing a victory to her former employer....more

Labor Department Finalizes Apprenticeship Program Discrimination Rule

The U.S. Department of Labor (USDOL) has finalized a rule expanding nondiscrimination and affirmative action requirements in apprenticeship programs registered with the USDOL or state apprenticeship agencies. Program sponsors...more

Eleventh Circuit Holds the ADA Does Not Mandate Reassignment Without Competition or Preferential Treatment

In EEOC v. St. Joseph’s Hospital, the Eleventh Circuit recently held that the reasonable accommodation standard under the ADA “only requires an employer allow a disabled person to compete equally with the rest of the world...more

What Will Happen When the Smoke Clears? Post-Election HR Strategies for 2017 and Beyond

The long and contentious presidential campaign is over. So, now what? What does President-elect Trump’s victory mean for employers?...more

Peering into Hinshaw’s Crystal Ball: How the Trump Administration May Affect Labor and Employment Landscape

With the election of Donald Trump and transition to a Republican administration looming, employers are scrambling to predict what impact Trump will have on labor and employment policy and enforcement initiatives. What...more

What Will a Trump Presidency Mean for Employers? (Updated 11/22/16)

It's still two months until President-elect Trump takes office so it will be late January before we know whether Mr. Trump will pursue a traditional Republican agenda on employment issues. While Mr. Trump certainly carries a...more

A Word of Warning When it Comes to Contracting With the Federal Government: Beware

Employers who regularly contract with the federal government are, most likely, already well aware that doing so can be both difficult and complex. This is particularly the case this time of year, when many are undergoing...more

[Webinar] 2016 OFCCP Developments: What Federal Contractors Need to Know for 2017 - November 16th, 1:00p.m. EST

OFCCP continued with its regulatory reform agenda in 2016 issuing the anticipated Paid Sick Leave and Fair Pay and Safe Workplaces (Blacklisting) final rules, and implementing the sex discrimination guidelines and pay...more

Tech Company Sued For Alleged Hiring Bias Against Asians, OFCCP’s Shiu To Step Down

Being part of the “in” crowd with the FBI apparently does not protect you from the Office of Federal Contract Compliance Programs. To the contrary: It was an FBI contract that subjected a California-based technology...more

OFCCP expands Mega Construction Project Program

The Bureau of Labor Statistics projects that employment in construction and extraction occupations will grow 10 percent from 2014 to 2024 – increasing from 6.5 million to 7.2 million jobs – the biggest increase in any...more

GAO Releases Detailed Report Criticizing The OFCCP

The Government Accountability Office (“GAO”) has released a report critical of the Office of Federal Contractor Compliance Programs (“OFCCP”) and making suggestions for improvement.  The report followed the GAO’s...more

Criticism Of OFCCP Won’t Give Contractors Any Satisfaction

According to a study recently published by the U.S. Government Accountability Office, there are indications that the Office of Federal Contract Compliance Programs is not effective in stopping discrimination. But before...more

Contractor Settles With OFCCP For More Than $250K

As a result of a compliance review that began in 2013, the Office of Federal Contract Compliance Programs alleged that a federal contractor in the District of Columbia discriminated against African-American applicants who...more

Federal subcontractors, beware! The OFCCP is watching you, too.

A recent complaint filed by the Office of Federal Contract Compliance Programs illustrates that it’s not only federal contractors who need to be sure they comply with affirmative action requirements, but also those who...more

Eleventh Circuit Affirms Dissolution Of Class Action Consent Decree Due To Plaintiffs’ Inaction

Seyfarth Synopsis: After the City of Jacksonville stopped following a class action consent decree that required it to hire a proportionate number of black and white firefighters, the U.S. Court of Appeal for the Eleventh...more

EEO-1 Reports: Time for Employers to Get in Formation

This is the time of year when employers with 100 or more employees and federal contractors with 50 or more employees must prepare and file their annual EEO-1 reports – documents that provide the government with details...more

OFCCP Takes Contractors Back To School On Pre-Employment Testing

Federal contractors, be warned: If you have not properly reviewed (and validated!) any testing used as part of your hiring process, the Office of Federal Contract Compliance Programs may take issue . . . and seek to collect...more

More Mythbusting

Here at the Navigator, we were very pleased by the positive reaction to last month’s post about employment law myths that can get employers in trouble, and we’re glad it was helpful. Although the inaccurate beliefs described...more

Wanna Fight? Illinois District Court Refuses To Grant Summary Judgment To Lender On Bad Boy Provision In Guarantee Agreement

In the case of Wells Fargo Bank N.A. v. RLJ Lodging Trust, an Illinois district court denied a lender’s motion for summary judgment seeking to enforce a bad boy carve-out provision in a guaranty agreement providing for full...more

EEO-1 Survey for 2016 Now Open

Private Sector Employers Must Provide Workforce Data to EEOC by Sept. 30 - WASHINGTON -- The Equal Employment Opportunity Commission (EEOC) has completed its mailing of the 2016 EEO-1 Survey notification letters. The...more

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