Affirmative Action

News & Analysis as of

EEOC Proposes Revised Affirmative Action Rules for Federal Agencies and their Obligations to Disabled Employees

The EEOC recently published a Notice of Proposed Rulemaking clarifying federal agencies’ affirmative action obligations under Section 501 of the Rehabilitation Act of 1973. Section 501 requires federal agencies to establish...more

What is The Status of OFCCP Jurisdiction Over Healthcare Providers?

In recent years, the U.S Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has aggressively argued that healthcare providers that participate in one of three federal healthcare...more

Justice Scalia’s Sudden Death: What Does It Mean for You?

The news of Justice Antonin Scalia’s death at a hunting lodge in Texas on February 13th rocked the country over Valentine’s weekend. The timing and suddenness of the staunch conservative’s death during President Obama’s last...more

State-Assisted Public School Projects Subject to Set-Aside and Non-Discrimination Requirements

Effective as of October 1, 2015, Connecticut’s set-aside requirements for small contractors and minority-owned business enterprises, as well as Connecticut’s statutory non-discrimination and affirmative action requirements,...more

EEOC Proposes Regulations Describing Federal Government’s Obligation to Engage in Affirmative Action for People with Disabilities

Commission Seeks Public Comment on Proposed Rule Implementing Section 501 of the Rehabilitation Act - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today published a Notice of Proposed Rulemaking...more

What Employers Need To Know About Supreme Court Issues After The Passing Of Justice Scalia

Make no mistake, the role of Justice of the U.S. Supreme Court profoundly impacts the balance of power among the branches of our government. Now, with the untimely passing of Justice Antonin Scalia on February 13, the void...more

Seventh Circuit Allows Reverse Racism Claims To Proceed Against Contractor

Earlier this week, the Seventh Circuit allowed a Caucasian construction worker to take his reverse racism claims to trial because there were factual disputes about the reason for his termination. The plaintiff, Terry...more

Mintz Levin 2nd Annual Employment Law Summit – Enhancing Workplace Diversity and Dispelling Myths Regarding Reverse Discrimination...

As wise employers focus strategic initiatives to enhance diversity and inclusion in the workplace, we periodically receive questions about limitations for proactive approaches in this area. To be clear, companies that...more

"2015-16 Supreme Court Update"

In its current term, the U.S. Supreme Court is once again poised to address a range of disputes relevant to businesses. These include significant constitutional issues, class action practice and other procedural matters, and...more

New Legal Requirements For Apprenticeship Programs Are Headed Your Way

Apprenticeship programs will soon face expanded antidiscrimination obligations and additional affirmative action requirements under a proposed rule recently published by the U.S. Department of Labor (USDOL). If you sponsor...more

OFCCP Reminds Us Men Can Be Victims Of Sex Discrimination, Too

The federal Office of Federal Contract Compliance Programs (OFCCP) recently filed an administrative complaint alleging hiring bias against men against AmeriQual, an Indiana company that manufactures portable meals for the...more

Do Not Forget! Time to Update Your Affirmative Action Plans

Many companies use the calendar year (January to December) as the plan dates for their Affirmative Action Plans (AAPs). For companies that do so, it is important to remember that current year AAPs for January 1, 2015, thru...more

Affirmative Action Update: Changes To Jurisdictional Thresholds Obligating Federal Contractors

The Federal Acquisition Regulatory (FAR) Council periodically makes adjustments to federal contracting jurisdictional thresholds to compensate for inflation. Last month, the threshold under Section 4212 (for protected...more

DOL ALJ Orders Government Contractor To Produce Documents To OFCCP

On October 23, 2015, a Department of Labor (“DOL”) administrative law judge (“ALJ”) ordered a government contractor, Convergys Customer Management Group, Inc. (“Convergys”), to submit its affirmative action program along with...more

[Webinar] 2015 OFCCP DEVELOPMENTS: What Federal Contractors Need to Know Before Updating AAPs for 2016 - Nov. 10, 1:00 p.m. EDT

2015 marks the first year that many contractors have begun fully implementing the amended VEVRAA and Rehab Act regulations. OFCCP continues with its regulatory reform agenda issuing additional regulations in various stages...more

Patent Owners Beware: Don’t Sleep on Your Rights!

Laches, a judicially created defense based on the plaintiff’s delay and prejudice to the defendant, is a proper defense to the recovery of damages in a patent infringement suit, even though the Supreme Court ruled in 2014...more

Supreme Court Update: Maryland V. Kulbicki (14-848) And Order List

… und willkommen zurück! Oktober Term 2015 kicks off today with argument in OBB Personenverkehr AG v. Sachs (13-1067), a case which explores the contours of the commercial-activity exception to the Foreign Sovereign...more

Employee's Change in Racial Self-Identification Cannot Support Discrimination Claim if Employer Unaware of Change

In recent years, more Americans have begun identifying themselves as biracial or of mixed racial heritage. This shift has resulted in changes to census and other forms where people are asked to self-identify by race. In...more

What Should Employers Expect During The New Supreme Court Term?

The first Monday in October is the traditional first day of a new U.S. Supreme Court term.  As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers.  Here is a review of...more

OFCCP Issues Infographics on Jurisdictional Thresholds and Protected Veteran Status

The Office of Federal Contract Compliance Programs (OFCCP) recently added two infographics to the collection of federal contractor resources available on its website. These new resources concerning jurisdictional thresholds...more

The Latest OFCCP News: VEVRAA Coverage, Outreach Poster, and Approaching Deadlines

On July 2, 2015, the Federal Acquisition Regulatory Council amended the jurisdictional threshold for coverage under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). Currently, a contractor with a single...more

OFCCP Issues Regulations on "Pay Transparency"

Today the U.S. Office of Federal Contract Compliance Programs issued its Final Rule implementing Executive Order 13665, which prohibits federal contractors from discriminating against employees and applicants who ask about or...more

Responding to a Scheduling Letter From the OFCCP: The Little Things Matter

It is the Tuesday after a long holiday weekend, and you are faithfully going through the pile of mail on your desk when you spy an envelope from the United States Department of Labor’s Office of Federal Contract Compliance...more

U.S. Supreme Court Set to Rehear University of Texas Affirmative Action Case

Recently, the U.S. Supreme Court announced it would revisit Fisher v. Texas, the affirmative action case it initially heard in 2013.  The first time it heard the case, the Court remanded the case to the lower court to...more

Affirmative Action Alert: Agencies issue proposals on "Fair Pay & Safe Workplaces" Executive Order

The Federal Acquisition Regulatory Council and the U.S. Department of Labor issued simultaneous proposals to implement President Obama’s Fair Pay and Safe Workplaces Executive Order. The Executive Order, signed last July,...more

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