Yesterday (March 25, 2024), the U.S. Department of Labor announced that the Office of Federal Contract Compliance Programs (OFCCP) will begin accepting online submissions on April 1 from covered contractors to certify they...more
Executive Summary: Following the Supreme Court’s decision in SFFA v. Harvard/UNC, Attorneys General from 13 states and United States Senator Tom Cotton of Arkansas sent letters to business leaders, warning of potential legal...more
11/6/2023
/ Affirmative Action ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employer Liability Issues ,
Employment Discrimination ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
OFCCP announced yesterday, March 20, 2023, that the Contractor Certification Portal will open in ten days. Contractors have until June 29, 2023 to certify that they are in compliance with OFCCP’s affirmative action and...more
Executive Summary: Just two days before the Thanksgiving holiday, the Office of Federal Contract Compliance Programs (OFCCP) issued a proposed scheduling letter and itemized listing seeking a number of additional documents...more
On March 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a new Directive clarifying covered contractors’ obligation to conduct pay equity audits on an annual basis. Quite notably, the OFCCP issued...more
Equal Pay Day marks the point when the average woman’s current earnings, combined with what she earned in the previous year, equals what the average man was paid last year. This year, equal pay day came early because the...more
On December 17, 2021, the Eleventh Circuit refused to stay a nationwide injunction blocking the federal contractor COVID-19 vaccine mandate from going into effect, pending appeal. By way of background, on Tuesday, December...more
12/24/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Injunctions ,
Stays ,
Vaccinations ,
Workplace Safety
While the Ninth Circuit’s recent decision in Bernstein v. Virgin America, Inc., et al., ___ F.3d ____, 2021 U.S. App. LEXIS 5197 (9th Cir. Feb. 23, 2021), gave some wins to the airlines, air carriers employing...more
3/15/2021
/ Airline Employees ,
Airlines ,
Aviation Industry ,
Class Action ,
Delta Airlines ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
Labor Regulations ,
Non-Residents ,
Over-Time ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
United Airlines ,
Wage and Hour
Executive Summary: On July 22, 2020, in a response to an increase in reported coronavirus cases in the area, the District of Columbia expanded mask requirements in a Mayoral Order that takes immediate effect....more
Complimentary Webinar
June is Pride Month and this year it has extra meaning for the LGBTQ+ community, allies and advocates. On June 15th, Justice Gorsuch, writing for the 6-3 majority of the United States Supreme Court,...more
6/19/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Continuing Legal Education ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
Webinars
June is Pride Month. This year’s Pride Month has extra meaning for the LGBTQ+ community, allies and advocates. Yesterday, June 15, 2020, Justice Gorsuch, writing for the 6-3 majority of the United States Supreme Court, handed...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On May 3, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) confirmed that employers will be required to submit Component 2 pay data for years 2017 and 2018 to the EEOC by September 30, 2019....more
The Sixth Circuit Court of Appeals is the latest to weigh in on the heated debate as to whether sexual orientation, gender identity, transgender status and/or gender expression are protected classes under Title VII of the...more
3/20/2018
/ Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Freedom of Religion ,
Gender Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Religious Freedom Restoration Act (RFRA) ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On March 10, 2017, in Evans v. Georgia Regional Hospital, a split panel of the U.S. Court of Appeals for the Eleventh Circuit held that it was bound by prior precedent that Title VII of the Civil Rights Act of 1964 does not...more
7/12/2017
/ Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
While the Seventh Circuit definitively has held that sexual orientation discrimination is discrimination “because of sex” and, therefore, a violation of Title VII of the Civil Rights Act of 1964, as amended (as reported by...more
6/2/2017
/ Civil Rights Act ,
Corporate Counsel ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
On May 18, 2017, in the first decision of its kind, the Eastern District of Pennsylvania held that transgender people are not categorically barred from protection by the Americans with Disabilities Act (ADA) if they suffer...more
5/30/2017
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
Reasonable Accommodation ,
Sexual Orientation Discrimination ,
Transgender ,
Uniforms
As these authors have previously reported, several cases analyzing whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964 have been winding their way through the courts. ...more
4/5/2017
/ Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
En Banc Review ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Gloucester County School Board v G.G. ,
Hiring & Firing ,
LGBTQ ,
School Restrooms ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title IX ,
Title VII ,
Transgender ,
Trump Administration
Since its enactment, courts have followed the premise that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation discrimination. A changing of the tides began in July 2015, when the Equal Employment...more
12/13/2016
/ Appeals ,
Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
En Banc Review ,
Equal Employment Opportunity Commission (EEOC) ,
Full-Time Employees ,
Gender Discrimination ,
Job Promotions ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Wage and Hour