Affirmative Action

OFCCP Sets Deadline for Implementation of 2010 Census Data

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/17/2013

On May 15, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) announced that covered federal contractors will have until January 1, 2014 to start using 2010 Census data for determining availability when...more

Let the Seller Beware: Hospitals Treating HMO Patients Employed by the Federal Government are “Subcontractors” Governed by...

by Theodore A. Olsen | Sherman & Howard L.L.C. on 5/6/2013

When a health plan/HMO ("Plan") provides group health coverage to employers, including the federal government, the hospitals that treat federal employees under a contract with the Plan are government "subcontractors" subject...more

Playing Cards With a Government That Stacks the Deck - D.C. District Court Radically Expands The "Christian Doctrine" To...

by David Gallacher, Franklin Turner | Sheppard Mullin Richter & Hampton LLP on 4/30/2013

On March 30, 2013, the U.S. District Court for the District of Columbia issued a decision imposing certain socio-economic contract requirements on subcontractors operating hospitals associated with the University of...more

District Court Sides With DOL in Dispute Over Whether Healthcare Providers Are Government Contractors

by Ellen Shadur Gross | BakerHostetler on 4/24/2013

In a significant victory for the U.S. Department of Labor (DOL), the U.S. District Court for the District of Columbia recently found providers of healthcare services are subject to federal equal employment opportunity...more

Hospitals Face Mandatory Affirmative Action Obligations Incorporated by Operation of Law Into Their Federal Subcontracts

by Daniel S. Herzfeld, Julia Judish | Pillsbury Winthrop Shaw Pittman LLP on 4/23/2013

In UPMC Braddock v. Harris, the U.S. District Court for the District of Columbia upheld the U.S. Department of Labor’s Arbitration Review Board decision treating hospitals as government subcontractors subject to the equal...more

Court Ruling May Subject Hospitals and Health Care Providers to OFCCP Regulation

by Betsy Carroll, Candice Petty, Katharine Tylee | Davis Wright Tremaine LLP on 4/19/2013

Hospitals, health care providers, and managers of other businesses across the country may be surprised to learn that under a new federal court ruling, their organizations may now qualify as government contractors or...more

Texas Moves Forward with Bill to Ensure Flexibility in Admissions

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/16/2013

On April 9, 2013, the Texas Senate approved a bill allowing the University of Texas at Austin (UT-Austin) to maintain its cap on automatic admissions through at least 2017 no matter the U.S. Supreme Court’s decision in Fisher...more

Health Care Providers Beware — You May Be a Governmental Contractor

by Daniel A. Kaplan, Mark Neuberger | Foley & Lardner LLP on 4/12/2013

Executive Order 11246 (Order) was first issued in September 1965 by President Johnson. Its purpose was to prohibit race, religion, color, and national origin discrimination by federal contractors and subcontractors and...more

Health Care Services Providers to Federal Health Plan Members Subject to Federal Affirmative Action Compliance Audit

by Jonathan Cain | Mintz Levin - Health Law on 4/9/2013

On March 30, the US District Court for the District of Columbia held that three University of Pittsburgh Medical Center-affiliated hospitals were federal subcontractors to an HMO that provided a managed care health plan to...more

Federal District Court Affirms U.S. Department of Labor's Position that Healthcare Providers Participating in HMOs for Federal...

by Alissa Horvitz, Jade Cobb Murray, Joshua Roffman | Littler on 4/9/2013

In a long-awaited decision, the U.S. District Court for the District of Columbia ruled that three hospitals that provide medical services through a Health Maintenance Organization (HMO) to individuals covered by the Federal...more

Supreme Court To Hear Case On Michigan Affirmative Action Ban

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 4/9/2013

The Supreme Court has agreed to hear another major affirmative action case, Schuette v. Coalition to Defend Affirmative Action, No. 12-682. At issue is the legality of Michigan's voter-approved ban of using racial preferences...more

Hospitals Providing Medical Care to Federal Employees Covered by HMOs May Be Subject to OFCCP’s Affirmative Action and Other...

by Debra Friedman | Cozen O'Connor on 4/8/2013

Over the years, the Office of Federal Contract Compliance Programs (OFCCP), which enforces affirmative action and equal opportunity regulations for federal contractors and subcontractors, has tried to assert jurisdiction over...more

Health Care Case Makes Clear That Specific Contractual Language Is Not Necessary for OFCCP Jurisdiction

by Leigh M. Nason | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/4/2013

Three Pittsburgh hospitals have been found to be federal subcontractors subject to the jurisdiction of the Office of Federal Contract Compliance Programs (OFCCP) because of the medical services they provide to a Health...more

Federal District Court Holds that OFCCP Has Jurisdiction Over Hospitals That Provide Services to HMOs Retained by Federal...

by Daniel Davis | Proskauer - Government Contractor Compliance... on 4/4/2013

Earlier this week, the federal district court for the District of Columbia ruled that three hospitals providing medical services through an HMO to U.S. government employees are “subcontractors” subject to OFCCP’s...more

Great Taste, Less Filling: Revisiting The NFL’s Rooney Rule

by CMCP - California Minority Counsel Program on 3/5/2013

The Rooney Rule was established to promote the hiring of minorities among the NFL’s head coaches and general managers. But with numbers at their lowest since the Rule’s inception ten years ago, is the Rooney Rule working?...more

Be Aware of More Aggressive Enforcement of Equal Pay

by Renee Inomata | Burns & Levinson LLP on 3/1/2013

The Director of the Office of Federal Contract Compliance Programs (OFCCP), Patricia A. Shiu, just announced that prior voluntary guidelines and compliance standards for federal contractors and subcontractors to comply with...more

A Guide to Determining Covered Federal Government Contractor Status

by William Weissman | Littler on 1/30/2013

Excerpt from Executive summary: The Issue: Having a federal government contract or subcontract can obligate a business to comply with substantial affirmative action obligations. Knowing whether such a contract triggers...more

OFCCP Announces 2013 Agenda

by Carolyn Doppelt Gray, Lawrence Lorber, Katharine Parker, Leslie Silverman, Joshua Stein, Allan Weitzman | Proskauer Rose LLP on 1/24/2013

On December 21, 2012, the Office of Federal Contracts Compliance Programs ("OFCCP") published its 2013 regulatory goals in the Unified Agenda of Regulatory and Deregulatory Actions ("Unified Agenda"), as required by Executive...more

OFCCP—2013 Will Be a Busy Year

by Dara DeHaven | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/24/2013

After a relatively quiet year, the Office of Federal Contract Compliance Programs (OFCCP) has announced ambitious plans for 2013. The agency’s recently released Unified Agenda calls for the final release of sweeping new...more

Dynamic Year Expected in Labor and Employment Law

by Philip Berkowitz, Huan Xiong | Littler on 1/24/2013

President Obama's re-election, a newly active NLRB, and important decisions pending before the Supreme Court promise to make 2013 an interesting year in labor and employment law – domestically and internationally. Here is a...more

Skadden's 2013 Insights: Regulatory

by Skadden, Arps, Slate, Meagher & Flom LLP on 1/21/2013

Communications Law: The Relentless Pursuit of Broadband Competition - As the Obama administration enters its second term, the Federal Communications Commission (FCC or Commission) is one of many federal agencies likely...more

Skadden's 2013 Insights: Global Litigation

by Skadden, Arps, Slate, Meagher & Flom LLP on 1/21/2013

New legal ground is expected to be broken this year in areas of importance to companies and their directors, officers and executives. We see those developments coming from around the globe and defining the litigation...more

Skadden's 2013 Insights

by Skadden, Arps, Slate, Meagher & Flom LLP on 1/18/2013

We are pleased to provide a collection of commentaries on the critical legal issues facing our clients in 2013. There is hope that global economic and market conditions will continue to improve despite ongoing...more

What To Watch At The Supreme Court In 2013

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 1/10/2013

With the Supreme Court's first oral arguments of 2013 underway this week, there are several employment-related cases of note still awaiting decisions....more

New Functional Affirmative Action Plan Directive Eases Contractor Requirements

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/8/2013

Under federal law, certain federal contractors are required to prepare affirmative action plans to ensure equal opportunity in the workplace. While an affirmative action plan is generally based on an employer's location, a...more

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