News & Analysis as of

Federal Contractors Beware – Part 5

On September 15, 2014, the Office of Federal Contract Compliance Programs (OFCCP) released a proposed rule prohibiting federal contractors and subcontractors from discriminating against an employee or applicant who discusses,...more

OFCCP’s Newest Directive: Gender Identity and Sex Discrimination

The stated purpose of the Office of Federal Contract Compliance Programs’ (OFCCP) August 19, 2014 Directive 2014-02 is to make clear that discrimination “based on sex” includes discrimination on the bases of gender identity...more

Federal Contractor Settles Second Charge of Race Discrimination with OFCCP

A federal contractor agreed to settle charges by the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) that it discriminated in its hiring practices by creating multiple barriers in its paper...more

OFCCP Announces Timeline for Issuing Proposed Rules on President Obama’s Compensation Agenda

The Office of Federal Contract Compliance Programs (“OFCCP”) plans to issue proposed rules implementing President Obama’s recent executive actions on the compensation practices of federal contractors. ...more

OFCCP Announced a Series of Consent Decrees Impacting Contractors Prior to the Government Shutdown

A Department of Labor Administrative Law Judge (“ALJ”) approved a consent decree on September 16, 2013 between the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) and Medtronic, Inc....more

OFCCP Clarifies Damages Available to Victims of Discrimination

The Office of Federal Contract Compliance Programs (OFCCP) is charged with enforcing the affirmative action and non-discrimination obligations of federal contractors and subcontractors....more

Contractor Pays $372,000 to Settle Retaliation Claims Asserted by Employees Hired Pursuant to Conciliation Agreement

The Office of Federal Contract Compliance Programs (OFCCP) has just announced that Tufts Associated Health Plans Inc. (Tufts) will pay $372,000 to 12 minority employees....more

Release of New Disability and Veterans Regulations Appears Imminent

The Office of Federal Contract Compliance Programs (OFCCP) has extended the projected date for the release of final rules regarding federal contractors’ affirmative action and nondiscrimination obligations for individuals...more

The EEOC And OFCCP Announce Anticipated Increase In Investigation Of Disparate Pay Claims

In the EEOC’s Strategic Enforcement Plan for 2013-2016, the Commission has prioritized and committed to enhanced enforcement of equal pay laws to eliminate compensation systems and practices that discriminate based on gender....more

Federal Construction Contractors Beware: OFCCP Wants You!

Even though the Office of Contract Compliance Programs (OFCCP) has not yet promulgated its promised revised construction contractor regulations, the agency sent the construction contracting community a clear enforcement...more

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

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

Federal Contractors Beware! OFCCP Will Be Searching for Any Discrimination in Compensation

The Office of Federal Contract Compliance Programs (OFCCP) recently issued new investigation standards and procedures as well as a new policy directive for reviewing compensation systems and practices of federal contractors...more

OFCCP’s New Compensation Directive: The Agency’s Continued Search For Systemic—Or Any—Discrimination In Compensation

After a relatively quiet 2012, the Office of Federal Contract Compliance Programs (OFCCP) hit the ground running in 2013. In a second major announcement in the new year, OFCCP issued new investigation standards and procedures...more

Airline Management Newsletter - March 2013

In This Issue: - NMB Announces Voting Procedures Changes - Second Circuit Weighs In On AIR21 Burden-Shifting Framework - DOL Issues Final FMLA Crewmember Regulations ..Flight Crew Eligibility Standards ...more

OFCCP Issues New Directive Aimed At Detecting Pay Discrimination Based on Gender, Race and Ethnicity

On February 28, 2013, the Office of Federal Contract Compliance Programs (OFCCP) issued new procedures for assessing contractor and subcontractor disparate pay practices....more

OFCCP Rescinds Prior Guidance on Compensation Discrimination Analysis In Favor of a Case-by-Case Approach

Effective February 28, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) rescinded two 2006 guidance documents concerning how the OFCCP and federal contractors analyze potential pay discrimination. This...more

Pot o' Gold: OFCCP Releases Contractor Compensation Procedures

OFCCP has released a new directive that outlines the procedures the office will use for reviewing contractor compensation systems and practices during a compliance evaluation. One thing is not new: Under Executive Order 11246...more

OFCCP Rescinds Old Compensation Guidance, Implements New Compensation Directive

On February 28, 2013, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) rescinded two enforcement guidance documents on pay discrimination from 2006 and replaced them with a new Directive...more

New Pay Discrimination Directive Issued by the Office of Federal Contract Compliance Programs (“OFCCP”)

On February 26, 2013, OFCCP announced the rescission of two guidance documents on pay discrimination issued in 2006: Interpreting Nondiscrimination Requirements of Executive Order 11246 With Respect to Systemic Compensation...more

OFCCP Announces New Tactics To Review Compensation

Be Ready To Defend Your Compensation Decisions - The Office of Federal Contract Compliance Programs (OFCCP), the U.S. Department of Labor agency that enforces federal contractor affirmative action requirements, has...more

Legal Alert: OFCCP Issues New Directive For Analyzing Pay Discrimination Claims

The Office of Federal Contract Compliance Programs (OFCCP) announced that it is rescinding its "Voluntary Guidelines" and "Compensation Standards," which the agency adopted in 2006 to evaluate pay discrimination claims...more

When Hiring or Promoting, Use Caution Asking About Criminal Backgrounds

The Department of Labor (DOL) Office of Contract Compliance Programs (OFCCP) has issued a new directive advising federal contractors and subcontractors about potential liability that could result from using employees’...more

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