News & Analysis as of

Affirmative Action

Foster Swift Collins & Smith

Should Your Business Sign SBA Form 601 Requiring Non-Discriminatory Hiring Practices?

In 1965, President Lyndon Johnson issued Executive Order 11246 requiring all contractors and sub-contractors working on a project financed by more than $10,000 of federal funding (including Small Business Administration (SBA)...more

Constangy, Brooks, Smith & Prophete, LLP

Federal court dismisses one of first post-SFFA lawsuits alleging “reverse” discrimination

Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more

DCI Consulting

What’s in a Name? Replacing ‘Affirmative Action’ with ‘Non-Discrimination in Employment Plan’

DCI Consulting on

In June 2023, the Supreme Court made a landmark decision in Students for Fair Admissions, Inc. (SFFA) v. President & Fellows of Harvard College (Harvard) and SFFA v. University of North Carolina (UNC), ruling 6-3 that the...more

Constangy, Brooks, Smith & Prophete, LLP

Ten ways to avoid challenges to DEI initiatives

How prepared is your organization? Since the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, Diversity, Equity and Inclusion policies have faced increased...more

Fisher Phillips

School DEI Programs Feel the Impact as Courts Continue to Define Boundaries: 3 Key Takeaways from a Recent Ruling

Fisher Phillips on

We’re starting to see courts define the boundaries of permissible DEI programs in the aftermath of last year’s SCOTUS decision limiting “race conscious” programs such as affirmative action in college admissions. For example,...more

Fisher Phillips

Here’s What Federal Contractors Need to Know About the New Expedited Conciliation Procedures

Fisher Phillips on

The federal agency overseeing affirmative action and federal contract compliance recently updated its procedures for expedited conciliation when alleged discriminatory practices are found during compliance evaluations – which...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 28: Construction Compliance with Joan Moore and Mim Munzel of The Arbor...

Maynard Nexsen on

Joan Moore and Mim Munzel from The Arbor Consulting Group join the podcast again to discuss compliance issues for federal construction contractors and sub-contractors. The pair discuss affirmative action regulations, audits,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFCCP Encourages Contractors to Use Apprenticeship Programs to Hire Veterans

On July 31, 2024, the Office of Federal Contract Compliance Programs (OFCCP) released new guidance encouraging federal contractors to implement apprenticeship programs to “attract and retain” United States military veterans...more

DirectEmployers Association

AI Revolution is Now Here with Major Ramifications for Staffing, AAP Development, and Talent Acquisition

AI Proponents Now Changing their Tune from “AI will create jobs” to “There will be a loss of jobs” …Reskilling and Upskilling Are the New Names of the Game - A new Cisco Systems-led Consortium Report (titled “The...more

McGuireWoods LLP

OFCCP Acting Director Hodge Outlines Enforcement for Federal Contractors

McGuireWoods LLP on

Office of Federal Contract Compliance Programs (OFCCP) Acting Director Michele Hodge spoke on July 30, 2024, to a live audience at the 2024 National Industry Liaison Group (NILG) Conference in Orlando, Florida. As part of her...more

Kilpatrick

Understanding the OFCCP Corporate Scheduling Announcement List

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The Office of Federal Contract Compliance Programs (OFCCP) plays a critical role in ensuring that companies doing business with the federal government comply with equal employment opportunity and affirmative action...more

Lathrop GPM

BE AWARE...Federal Enforcement of Discriminatory Pay Disparities on the Rise

Lathrop GPM on

The Equal Employment Opportunity Commission (EEOC) recently extracted a multi-million dollar settlement from the Social Security Administration (SSA) for claims of pay disparities based on race....more

DCI Consulting

Biden Administration Releases Spring 2024 Regulatory Agenda

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While much of the country was busy enjoying an extended Independence Day weekend, the Biden administration released its Spring 2024 Regulatory Agenda on Friday, July 5th. The semi-annual agenda includes regulatory actions the...more

DirectEmployers Association

[Webinar] Masterclass Employment Law Roundtable | How To Properly Prepare For and Defend an OFCCP Audit - July 18th, 2:00 pm -...

DirectEmployers Executive Director Candee Chambers will lead this special 90-minute DE Masterclass Roundtable discussing the practical issues surrounding How To Properly Prepare For and Defend an OFCCP Audit. This Masterclass...more

Jackson Lewis P.C.

EEOC VC Samuels’ Keynote at Workplace Horizons Addresses PWFA, AI, Muldrow & More

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Jocelyn Samuels was designated by President Joe Biden as Vice Chair of EEOC on January 20, 2021. She joined the EEOC as a Commissioner on October 14, 2020, and on July 14, 2021, was confirmed for a second term ending in 2026....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - June 2024 #4

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

WilmerHale

Corporate DEI Landscape - One Year After SFFA

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In the year since the Supreme Court’s highly anticipated decision in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina (SFFA), effectively eliminating race-conscious...more

Cozen O'Connor

Missouri AG Alleges IBM Used Unlawful Quotas in Employment Practices

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Missouri AG Andrew Bailey has sued International Business Machines Corporation (“IBM”), alleging that the company’s use of racial quotas in hiring and other employment actions violates the Missouri Human Rights Act’s...more

DCI Consulting

OFCCP Proposes Revised Construction Scheduling Letter

DCI Consulting on

As previously reported on the DCI Blog, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is in the process of updating its scheduling letter for construction reviews. On June 17, 2024,...more

Proskauer - Government Contractor Compliance...

Reminder: Deadline for Contractors to Certify AAP Compliance is July 1, 2024

As we previously reported, federal contractors and subcontractors (“Contractors”) have until July 1, 2024 to certify the status of their Affirmative Action Programs (“AAPs”) with the OFCCP Contractor Portal. Specifically,...more

Davis Wright Tremaine LLP

Seattle Commercial Landlords Must Take Action To Comply With Commercial Guaranty Ordinance

Following years of bolstering residential tenant protections, Ordinance 126982 marks one of the City of Seattle's first major forays into policing the commercial landlord-tenant relationship. The ordinance, which went into...more

Trusaic

Florida Attorney General Investigating Starbucks’ DEI Practices

Trusaic on

Florida’s top legal officer said the state will investigate Starbucks for its diversity, equity, and inclusion (DEI) practices. Florida Attorney General Ashley Moody claims Starbucks’ DEI initiatives that are meant to...more

Fox Rothschild LLP

OFCCP Targets 500 Contractors for Affirmative Action Audits. Are You on the List?

Fox Rothschild LLP on

The Office of Federal Contract Compliance Programs (OFCCP) has selected 500 federal contractors and subcontractors to undergo affirmative action plan (AAP) audits. The names of the companies are contained in OFCCP’s Corporate...more

McGuireWoods LLP

OFCCP Publishes New Corporate Scheduling Announcement List Targeting Larger Affirmative Action Programs for New Audits

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On June 7, 2024, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its latest Corporate Scheduling Announcement List (CSAL) for supply and service contractors, designating 500...more

Faegre Drinker Biddle & Reath LLP

Supply and Service Contractors and Subcontractors Should Immediately Review the OFCCP’s First 2024 Pre-audit Corporate Scheduling...

On June 7, the Office of Federal Contract Compliance Programs (OFCCP) released its first 2024 Corporate Scheduling Announcement List (CSAL). The CSAL notifies 500 supply and service establishments (locations) of upcoming...more

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