Discrimination, Affirmative Action

DEI Under Scrutiny, Part I: Increased Challenges to DEI Programming Give Employers a Reason to Perform Risk Assessments

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/1/2023

This article is the first part of Ogletree Deakins’ series, “DEI Under Scrutiny,” which examines the evolving employment law landscape for diversity, equity, and inclusion (DEI) initiatives in the United States....more

Affirmative Action in Lending: The Implications of the Harvard Decision on Financial Institutions

Alston & Bird on 10/11/2023

The U.S. Supreme Court ruling ending race-based admissions at colleges and universities could have a ripple effect on unrelated fields. Our Financial Services & Products Group explores how the Harvard decision could change...more

OFCCP Issues Final Rule Dialing Back Transparency Promised in 2020 Predetermination Notice Regulation

FordHarrison on 8/24/2023

Executive Summary: On August 4, 2023, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) published a final rule amending the 2020 pre-enforcement regulations colloquially referred to as the...more

What do recent lawsuits in the wake of Supreme Court decisions on Affirmative Action mean for your disclosures and DEI programs?

BCLP on 8/16/2023

A flurry of recent lawsuits in the wake of the Supreme Court’s June decision on affirmative action have further muddied the waters for public companies trying to thread their way through competing interests....more

Increase Diversity While Keeping It Legal

Constangy, Brooks, Smith & Prophete, LLP on 6/14/2021

Improving diversity -- what's okay and what isn’t? Employers are creative and strategic when it comes to increasing workforce diversity. Sometimes, however, that creativity -- and the motivation to “move the needle” on...more

A Shadow of Things to Come: DOJ Filings in Affirmative Action and Title IX Cases

Bass, Berry & Sims PLC on 2/8/2021

On February 3, the United States Department of Justice (DOJ) took steps in two separate cases to execute on expected changes in policy promised by the Biden Administration in the areas of affirmative action and Title IX. It...more

OFCCP Audits Are Coming: 6 Tips to Help You Prepare

PilieroMazza PLLC on 9/17/2020

The Office of Federal Contract Compliance Programs (OFCCP) just released its FY 2020 lists of Supply & Service and Construction contractors the agency expects to audit...more

California Voters To Consider Repealing Proposition 209 In November

Jackson Lewis P.C. on 7/1/2020

On June 25th the California State Senate passed a resolution to place a proposition on the November ballot to repeal Proposition 209 and amend the state constitution. Proposition 209 passed in 1996 and amended the state...more

Human Rights Agencies Issue Discrimination / Harassment Guidance Amidst COVID-19 Concerns

Seyfarth Shaw LLP on 4/21/2020

Seyfarth Synopsis: The U.S. Equal Employment Opportunity Commission (“EEOC”), the New York State Division of Human Rights (the “Division”) and the New York City Commission on Human Rights (the “Commission”) have all recently...more

Law Firms: Are You Ready for OFCCP to Come Knocking?

Polsinelli on 4/12/2019

“Glaring,” “concerning,” “troubling,” “problematic,” and “systemic” were some of the words used by OFCCP Director Craig Leen to describe the underrepresentation of women, minorities, and individuals with disabilities at large...more

OFCCP Implements Early Resolution Procedures To Expedite Compliance Audits

Polsinelli on 12/4/2018

The Early Resolution Procedures (ERP) Directive (2019-02) appears to be designed to address a long-standing frustration of OFCCP regarding the structure of the compliance audit process: that it is generally limited to a...more

OFCCP Incentivizes Employers To Choose Early Resolution Of Audits

Jackson Lewis P.C. on 12/4/2018

As we reported last Friday, OFCCP has kicked-off 2019 with a band – issuing three directives in a single day. Yesterday we reported on the first of three new Directives OFCCP issued to kick off fiscal year 2019. Today we...more

OFCCP’s Proposed Directive Encourages Contractors to Consider FAAPs as an Alternative to Establishment-Based AAPs

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/18/2018

On September 11, 2018, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register and a draft of a revised directive to “establish policies and procedures for requesting and...more

A More Modern Approach to OFCCP's Functional Affirmative Action Programs?

Littler on 9/17/2018

Generally, federal contractors must develop a written affirmative action program for every physical location with 50 or more employees....more

OFCCP Acting Director Leen Announces New Contractor Certification Program

Proskauer - Government Contractor Compliance... on 8/15/2018

At his closing remarks at the National Industry Liaison Group’s 2018 annual conference, Acting OFCCP Director Craig Leen announced that the OFCCP is working on a contractor certification program. Although light on details,...more

What To Do When The OFCCP Comes Knocking

Williams Mullen on 6/21/2018

If you are a member of the government contracting community, you probably have some familiarity with the Office of Federal Contract Compliance Programs (OFCCP), an arm of the U.S. Department of Labor (DOL). Hopefully, your...more

Dear Littler: Will These Recruiting Ideas Help Me Meet Our Diversity Goals?

Littler on 5/2/2018

Our boss is really pushing for us to increase our number of diverse employees. I see his point—we are a predominantly white and male workforce, though we have more than 150 workers. My managers had a meeting to set some...more

New OFCCP Directive on Predetermination Notices Makes it Easier for Contractors to Understand and Address OFCCP Audit Concerns

Littler on 3/15/2018

A Promise of Greater Transparency and Consistency - In recently meeting with the OFCCP’s new leadership, we were pleased to hear that they are committing to increasing transparency and achieving consistency across regional...more

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