Affirmative Action

News & Analysis as of

DOL Issues Directive on Gender Identity and Transgender Status

The U.S. Department of Labor's (DOL) Office of Federal Contract Compliance Programs (OFCCP)—which enforces anti-discrimination and affirmative action laws affecting government contractors and subcontractors—has issued...more

Affirmative Action Alert Oh, No! Another Executive Order For Federal Contractors

For the fifth time in seven months, President Obama has signed an Executive Order directed solely toward federal contractors and their employees. Yesterday, he signed the "Fair Play and Safe Workplaces" Executive Order to...more

Weekly Update Newsletter - August 2014

In this issue: - DoD, GSA, and NASA Issue an Interim Rule to Amend FAR: Equal Employment and Affirmative Action for Veterans and Individuals With Disabilities - DoD, GSA, and NASA Issue a Final Rule to Amend...more

President Obama Issues Two Executive Orders in 10-Day Period

President Obama issued the Fair Pay and Safe Workplaces Executive Order on Wednesday, July 30 only 10 days after prohibiting federal contractors from discriminating based on sexual orientation and gender identity, in the...more

University of Texas’s Use of Race In Student Admissions Survives Another Legal Hurdle

The U.S. Court of Appeals for the Fifth Circuit decided this week that the University of Texas’s consideration of race as a factor among many factors for college and university admissions is legally permissible in Fisher v....more

Fifth Circuit Issues Important Ruling on Affirmative Action in Higher Education

Earlier this week, in Fisher v. University of Texas, a divided panel of the U.S. Court of Appeals for the Fifth Circuit upheld the constitutionality of the undergraduate admissions program at the University of Texas at...more

Federal Contractor Section 503 and VEVRAA Compliance Solution

Office of Federal Contract Compliance Programs (OFCCP) enforcement is meant to ensure affirmative action and equal opportunity employment for job seekers and wage earners. The federal government spends more than $500...more

OFCCP Updates Its Frequently Asked Questions Regarding the Section 503 and VEVRAA Regulations

The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) issued regulations that became effective on March 24, 2014 governing affirmative action requirements for disabled individuals and protected...more

Employment Flash (June 2014)

In This Issue: - NLRB Recess Appointments Unconstitutional - SEC Brings First-Ever Employment Retaliation Claim - EEOC Challenges Employer Severance Agreements - New York State Transportation Industry...more

Supreme Court Deals Affirmative Action Another Blow, But Impact on Colleges and Universities Likely Limited

The U.S. Supreme Court continued its decade-long interest in the role of affirmative action in the higher education admissions process, and decided to uphold a state law banning the practice. In Schuette v. Coalition to...more

OFCCP to Publicize New Affirmative Action Requirements

Speaking to employers during a June 6 affirmative action conference, the Office of Federal Contract Compliance Programs (“OFCCP”) Director Patricia Shiu announced the agency’s plan to launch a public service announcement...more

The OFCCP Calls a Moratorium on Enforcement Activities Against TRICARE Providers

On May 7, 2014, a Directive of the Office of Federal Contract Compliance Programs (“OFCCP”) placed a five-year moratorium on enforcement activities regarding health care providers that are TRICARE subcontractors. TRICARE is...more

Some Surprises in DOL’s Just Issued Spring 2014 Regulatory Agenda

On Friday, May 23, 2014, the White House, through its executive branch and other federal agencies, issued the Spring 2014 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more

OFCCP’s New Tricare Moratorium Directive: Delay of Game

On March 7, 2014, the Office of Federal Contractor Compliance Programs (OFCCP) issued Directive 2014-01, TRICARE Subcontractor Enforcement Activities concerning the affirmative action obligations of subcontractors of...more

TRICARE: DOL Announces 5-Year Moratorium on Affirmative Action Compliance Audits

Previous Health Law Updates reported on the efforts of the U.S. Department of Labor (DOL) to apply equal employment opportunity mandates to providers that subcontract to provide healthcare services for TRICARE beneficiaries....more

Supreme Court Rules Public Universities In Michigan Can't Consider Race In Admission Decisions - In Schuette v. Coalition To...

The U.S. Supreme Court handed down its decision in Schuette v. Coalition to Defend Affirmative Action, et al. on April 22, 2014, in which plaintiffs challenged a voter-approved amendment to Michigan's constitution prohibiting...more

Does OFCCP Have Jurisdiction Over TRICARE Participants? Stay Tuned. The Answer Lies Years In The Future

Over the past several years, we have written repeatedly about the efforts of the Office of Federal Contract Compliance Programs (the OFCCP) to gain jurisdiction over health care providers based solely on providers'...more

Government Contracts Quarterly Update - May 2014

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice Group to inform our clients and friends of the latest developments in federal government contracting. In This...more

OFCCP Issues Directive On TRICARE Moratorium

Executive Summary: The Office of Federal Contract Compliance Programs (OFCCP) has issued a Directive officially establishing its five-year moratorium on enforcement of the affirmative action obligations of TRICARE...more

U.S. Department of Education Reaffirms the Importance of Diversity Efforts Post- Schuette

In April, the Supreme Court issued its decision in Schuette v. Coalition to Defend Affirmative Action , upholding Michigan’s State Constitutional Amendment prohibiting, among other things, any preferential treatment on the...more

Pursuing Or Engaging In Federal Work? New Affirmative Action Regulations May Apply To You

On March 24, 2014, new regulations for affirmative action requirements for protected veterans and individuals with disabilities from the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) took...more

A Band-Aid At Best: OFCCP Offers Temporary And Limited Relief To TRICARE Providers

The Department of Labor's (DOL) Office of Federal Contract Compliance Programs (OFCCP) enforces laws imposing affirmative action and equal employment opportunity obligations on all federal contractors and subcontractors. For...more

OFCCP’S New Veteran/Disability Regulations Are Now In Effect. Are You Ready? (Presentation)

The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) last fall announced two new groundbreaking regulations implementing Section 503 of the Federal Rehabilitation Act (Section 503), and the...more

U.S. Supreme Court Upholds Michigan Constitutional Amendment Prohibiting Use Of Race-Based Preferences In State University...

Executive Summary: The U.S. Supreme Court has upheld an amendment to the Michigan constitution that prohibits the use of race-based preferences as part of the admissions process for all state universities. See Schuette v....more

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

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