News & Analysis as of

Office of Federal Contract Compliance Programs Hiring & Firing

LabCorp Settles With OFCCP For Alleged Bias In Hiring And Compensation

Laboratory Corporation of America has agreed to pay approximately $200,000 to resolve a matter with Office of Federal Contract Compliance Programs. According to the Conciliation Agreement between the parties, the OFCCP found...more

Ninth Circuit Affirms Dismissal Of Dodd-Frank Whistleblower Case, Using Securities Fraud Standard

The Ninth Circuit recently affirmed a grant of summary judgment in an employer’s favor, dismissing a SOX and Dodd-Frank whistleblower retaliation case based on the plaintiff’s lack of an objectively reasonable belief of...more

Employers Must Use Caution When Basing Pay Decisions On Prior Salary History

by Foley & Lardner LLP on

Imagine a scenario where an employer hires two individuals – a male and female – to fill two identical jobs (i.e., same job qualifications and same job duties). Both individuals satisfy the educational, skill, and other...more

Federal Contractor To Pay Nearly $1.66 Million To Settle Hiring Bias Allegations by OFCCP

by Fox Rothschild LLP on

A computer technology company’s recent $1.6 million settlement with the Office of Federal Contract Compliance Programs is a stark reminder that federal contractors must ensure their hiring policies do not have any unlawful...more

OFCCP Secures $1.7 Million Settlement In Failure-To-Hire Case

The Office of Federal Contract Compliance Programs and Palantir Technologies, a California-based technology company, have agreed to settle a pending lawsuit for about $1.7 million. We first reported on this case in...more

OFCCP Announces New Veteran Hiring Benchmark

The OFCCP has announced its 2017 Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark. The new benchmark is 6.7%, slightly lower than the previous year’s 6.9% benchmark...more

Hiring Benchmark For Protected Veterans Is Reduced Again

The Office of Federal Contract Compliance Programs announced that the annual hiring benchmark under the Vietnam Era Veterans’ Readjustment Assistance Act has been lowered from 6.9 percent to 6.7 percent. This percentage...more

OFCCP Announces 2017 Veterans Hiring Benchmark for Federal Contractors

by Littler on

On March 31, 2017, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) updated its Annual Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark Database to reflect a new hiring...more

Veteran Hiring Benchmark Reduced – Again

by Jackson Lewis P.C. on

OFCCP has released its revised VEVRAA hiring benchmark for 2017. The agency has lowered the benchmark to 6.7 percent, down from the previous 6.9 percent mark....more

Immediate Update for Affirmative Action Compliance: New Voluntary Self-Identification of Disability Form for Federal Contractors...

by Robinson & Cole LLP on

Yesterday, the Office of Federal Contract Compliance Programs (OFCCP) published a new voluntary self-identification form (Self-ID form) to be used by covered federal contractors to comply with Section 503 of the...more

Renewed OFCCP Voluntary Self-Identification of Disability Form Now Available

Yesterday, the Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget renewed the voluntary self-identification form for individuals with disabilities for an additional three...more

Federal Contractors Must Update Disability Self-Identification Forms on February 1, 2017

by Littler on

Federal contractors subject to Section 503 of the Rehabilitation Act of 1973 are required to invite applicants for employment and new hires to identify themselves as individuals with disabilities. Covered contractors are...more

Recent OFCCP settlements remind contractors about importance of recordkeeping

Within the past month, the Office of Federal Contract Compliance Programs has announced two settlements and filed one administrative complaint involving alleged discrimination in the hiring process. Southern Glazer’s...more

Voluntary Self-ID Isn’t Proof Of Hiring Bias, Shiu’s Acting Replacement Named

Federal contractors, will asking applicants to voluntarily self-identify by race — a request that the Office of Federal Contract Compliance Programs requires you to make — be used against you in a hiring-discrimination...more

Tech Company Sued For Alleged Hiring Bias Against Asians, OFCCP’s Shiu To Step Down

Being part of the “in” crowd with the FBI apparently does not protect you from the Office of Federal Contract Compliance Programs. To the contrary: It was an FBI contract that subjected a California-based technology...more

OFCCP expands Mega Construction Project Program

The Bureau of Labor Statistics projects that employment in construction and extraction occupations will grow 10 percent from 2014 to 2024 – increasing from 6.5 million to 7.2 million jobs – the biggest increase in any...more

New Interim Rule Prohibits Federal Contractors From Retaliating Against Employees Who Discuss Compensation With Colleagues

On September 30, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration issued an interim rule titled “Non-Retaliation for Disclosure of Compensation Information.”...more

OFCCP Files Discrimination Complaint Targeting Tech Hiring Practices

Earlier this year, we predicted that the Department of Labor’s Office of Federal Contract Compliance (“OFCCP”) would ramp up investigations directed at rooting out alleged discrimination by information technology companies. ...more

Contractor Settles With OFCCP For More Than $250K

As a result of a compliance review that began in 2013, the Office of Federal Contract Compliance Programs alleged that a federal contractor in the District of Columbia discriminated against African-American applicants who...more

OFCCP Takes Contractors Back To School On Pre-Employment Testing

Federal contractors, be warned: If you have not properly reviewed (and validated!) any testing used as part of your hiring process, the Office of Federal Contract Compliance Programs may take issue . . . and seek to collect...more

Federal Contractors Must Comply with OFCCP's Revised Sex Discrimination Guidelines or Face Possible Debarment - Effective August...

by Baker Donelson on

Earlier this year, the OFCCP published a Final Rule revising its Sex Discrimination Guidelines which prohibits discrimination by government contractors on the basis of sex. The new Rule requires federal contractors to...more

Massachusetts Employers to Be Prohibited From Obtaining Applicants’ Prior Pay History – Will Other States Follow?

Requiring a job applicant to provide his or her salary history, or obtaining such information directly from a previous employer prior to extending a job offer, is a common, if not universal practice for employers. Beginning...more

Is The OFCCP’s Take On The Internet Applicant Rule Outdated?

A recent Q & A from the “Workologist” column in the New York Times caught my eye. The correspondent was asking how to ensure that a résumé submitted online actually gets reviewed by the hiring company. That is a...more

Norfolk Southern Unit Agrees To Pay OFCCP $492K For Alleged Race Bias In Hiring

Do you need a reason to monitor your hiring and keep good records? Here’s one. Alleging race discrimination in the hiring process, the Office of Federal Contract Compliance Programs has settled with a unit of Norfolk...more

Employment Law Navigator – Week in Review: June 2016 #4

by Zelle LLP on

Last week, a television reporter filed a lawsuit against her former employer alleging that she was discriminated against because she is white. The reporter was terminated following a post on her employer’s Facebook post that...more

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