Affirmative Action

News & Analysis as of

Supreme Court Rules On Affirmative Action

Yesterday’s Supreme Court decision in Schuette v. Coalition to Defend Affirmative Action is attracting a fair amount of attention in the news media. From an employment law perspective, the case likely will have little impact....more

Supreme Court Holds Voters Have a Right to Reject Government-Funded Racial Preferences in Public Higher Education

On April 22, 2014, the Supreme Court of the United States held that although consideration of race in admissions is constitutionally permissible, voters have every right to reject it. The case, Schuette v. Coalition to Defend...more

Michigan Affirmative Action Ban Upheld By U.S. Supreme Court

Michigan’s affirmative action ban, a Constitutional amendment enacted through referendum during the 2006 election cycle, was upheld by the U.S. Supreme Court on Tuesday. The decision means that public entities, including...more

High Court Decision In Michigan Affirmative Action Case Leaves Requirements For The Consideration Of Race Untouched

The U.S. Supreme Court held yesterday that a voter-approved ban on the use of race-based preferences for public university admissions does not violate the U.S. Constitution. The decision focused narrowly on whether the U.S....more

Supreme Court Ruling Exposes Continuing Division on Use of Race in Higher Education Admissions

Yesterday's ruling in Schuette v. Coalition to Defend Affirmative Action shows that the justices on the U.S. Supreme Court remain fundamentally divided about the future of race-conscious admission policies in higher...more

Supreme Court: Voters' Initiative To End Affirmative Action Is Constitutional

In a highly anticipated decision, the Supreme Court upheld Michigan’s Proposal 2, which amended the Michigan Constitution to prohibit racial preferences in admissions to public schools and government programs....more

Supreme Court Strikes Down Affirmative Action In Public Universities Again

On April 22, 2014, in Schuette v. Coalition to Defend Affirmative Action et al. (No. 12–682), the Supreme Court upheld a Michigan law that bans public colleges and universities, community colleges and school districts from...more

Michigan’s Affirmative Action Ban In Public Education Upheld By the Supreme Court

In a number of cases since Regents of the Univ. of Cal. v. Bakke, the Supreme Court has upheld in a variety of contexts the use of some degree of race based preferences in the admissions process for colleges and universities....more

OFCCPs New Veteran/Disability Regulations Are Now in Effect. Are You Ready?  [Video]

Two new groundbreaking regulations implementing Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans Readjustment Assistance Act went into effect on March 24. They require federal government contractors...more

Federal Contracts: President Obama’s Executive Action Regarding Equal Pay

On Tuesday, April 8, 2014, President Obama took two executive actions, designed (in the White House’s words) “to help combat pay discrimination and strengthen enforcement of equal pay laws.” The “Fact Sheet” on the White...more

President Obama Delivers Double Dose of Wage-Related Rules to Employers

President Obama signed two important documents this week that impact many employers. First, he signed an Executive Order protecting employees who disclose their compensation to co-workers. Second, he sent a Presidential...more

DOL Announces Five-Year OFCCP Moratorium For TRICARE Providers

Secretary of Labor Thomas E. Perez announced last month that the Office of Federal Contract Compliance Programs (OFCCP) will issue a directive establishing a five-year moratorium on enforcement of affirmative action...more

Are You Ready For Your Next Audit?

By now, federal contractors should have taken a hard look at their current Affirmative Action Plan (AAP) policies, procedures and documentation to ensure compliance with the new requirements. Under the Office of Federal...more

New Databases Offer First Step for Disability and Veteran Hiring Regulations

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has announced two new databases intended to help federal contractors and subcontractors meet new regulatory obligations with respect to...more

March Comes in Like a Lion: Flurry of Action Steps Mandated for Government Contractors and Subcontractors

The Office of Federal Contract Compliance Programs (OFCCP) issued new regulations, which went into effect on March 24, 2014, which impact data collection and analysis for veteran and disabled job candidates and employees. A...more

Construction Contractors Subject To New OFCCP Rules

Because of a recent court decision, federal construction contractors must comply with several new regulations that many consider burdensome. An effort to exempt construction contractors from some of the new regulations was...more

New Affirmative Action Rules Require Immediate Action by Government Contractors and Subcontractors

In October 2013, we alerted government contractors and subcontractors to newly-issued regulations establishing additional affirmative action reporting and hiring preference requirements for veterans and persons with...more

Technical Phases of OFCCP’s Regulations Regarding Individuals with Disabilities, Disabled Veterans, Recently Separated Veterans,...

Technical Phases of OFCCP’s Regulations Regarding Individuals with Disabilities, Disabled Veterans, Recently Separated Veterans, Other Protected Veterans and ArmedForces Service Medal Veterans - Threshold Coverage...more

DC Court Gives Go Ahead for New OFCCP Disability Regulations

On March 21, 2014, in Associated Builders & Contractors, Inc. v. Shiu, the U.S. District Court for the District of Columbia reached a seminal decision in a case challenging a final rule promulgated by the U.S. Department of...more

New Regulations Governing Affirmative Action Requirements For Individuals With Disabilities And Protected Veterans Went Into...

Beginning yesterday, March 24, 2014, federal contractors and subcontractors have a number of new responsibilities. Contractors already have the existing obligation to collect demographic data regarding race and gender and...more

Affirmative Action Plan Changes to Disability and Veterans Hiring Take Effect March 24

The Department of Labor’s Office of Federal Contract Compliance Program’s new regulations regarding affirmative action for veterans and disabled persons take effect March 24. The rules will require major changes in the way...more

OFCCP Launches New Databases to Assist With Disability and Veteran Regulations Compliance

On March 21, 2014, the Office of Federal Contract Compliance Programs (OFCCP) announced that it is launching two new databases to assist federal contractors and subcontractors. The new databases are intended to help...more

Federal Contractors Face New Requirements Regarding Recruitment, Hiring, and Identification of Individuals with Disabilities

Effective March 24, 2014, a new rule from the Office of Federal Contract Compliance Programs will require federal contractors and subcontractors to take additional steps to recruit, hire, and retain individuals with...more

District Court Rejects Challenge to Section 503 Final Rule

On Friday, March 21, 2014, Federal District Judge Emmet Sullivan ruled in favor of the Office of Federal Contractor Compliance Programs’ (“OFCCP”) recent rule implementing Section 503 of the Rehabilitation Act, denying a...more

Court Denies Associated Builders and Contractors’ Attempt to Prevent New OFCCP Affirmative Action Requirements

Beginning on March 24, 2014, federal contractors that have a government contract or subcontract of $50,000 or more and have 50 or more employees must implement new affirmative action programs, including: (1) asking in every...more

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