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  • Google Prevails, in Part (and For Now), in Compensation Data Dispute With OFCCP
    On July 14, 2017, an Administrative Law Judge (ALJ) for the Department of Labor (DOL) issued a Recommended Decision and Order (the “Opinion”) in the case brought by the Office of Federal Contract Compliance Programs (OFCCP) against Google over Google’s refusal to turn over certain employee data as part of a compliance audit. The ALJ’s thorough opinion is informative, providing insights into OFCCP’s processes in compliance...
  • Performance and Conduct Issues in Employees with Mental Health Impairments
    by Melanie Whetzel - August 18, 2017
    Performance and conduct issues can be a source of concern for federal contractors in general, but can trigger even greater concern when employees with mental health impairments are involved. How do contractors address these concerns with their employees? It may be a difficult thing to do even when the contractor is aware of a mental health issue, but what if they are not aware? What if the contractor suspects that a mental...
  • Retailer Bass Pro Agrees to $10.5 Million Settlement With EEOC
    by Cindy Karrow - August 18, 2017
    On July 26, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) announced a $10.5 million settlement with Bass Pro Outdoor World, LLC for an alleged hiring discrimination and retaliation lawsuit filed by the agency almost six years ago, on September 21, 2011. Bass Pro is a nationwide retailer of sporting goods, apparel, and other miscellaneous products headquartered in Springfield, Missouri. EEOC alleged th...
  • The OFCCP Digest Volume 7, Issue 8
    by Local JobNetwork™ - August 18, 2017
    To Merge or Not to Merge: Is That the Question? Topic: OFCCP The White House has proposed merging the Office of Federal Contract Compliance Programs (OFCCP) with the Equal Employment Opportunity Commission (EEOC), purportedly to reduce redundancies in civil rights enforcement. Some prominent members of the federal...more...
  • To Merge or Not to Merge:  Is That the Question?
    by Marilynn L. Schuyler - August 18, 2017
    The White House has proposed merging the Office of Federal Contract Compliance Programs (OFCCP) with the Equal Employment Opportunity Commission (EEOC), purportedly to reduce redundancies in civil rights enforcement. Some prominent members of the federal contracting compliance community think the proposal is DOA (Dead On Arrival) due to opposition from the civil rights community, federal contractor coalitions, and key indiv...
  • Adverse Impact Analysis: Aggregation of Races
    by Dan Kuang, Marife Ramos - July 14, 2017
    In August 2013, Adverse Impact (AI) analysis received one of the most important judicial clarifications rendered since its formal Supreme Court codification in 1971. Administrative Law Judge Kenneth A. Krantz ruled in favor of VF Jeanswear (VF) and denied OFCCP’s request for summary judgment against VF. In his decision, Judge Krantz formally clarified and articulated a judicial position on methods of grouping races for AI...
  • Best Practices for Developing Written Accommodation Procedures
    by Linda C. Batiste - July 14, 2017
    Providing effective accommodations for applicants and employees with disabilities can benefit federal contractors in many ways. First, there is compliance with legal requirements; Section 503 of the Rehabilitation Act requires federal contractors to provide reasonable accommodations. Then there are the business reasons; providing accommodations produces low cost, high impact benefits such as retention of valued employees,...
  • I’m All About That Tech
    by Carla Irwin - July 14, 2017
    Like I said, I am all about technology. It is essential to make your systems work for you instead of fighting to gather and analyze employee data. However, making the move to an HR system for the first time or moving systems isn’t without its issues; therefore, here are a few affirmative action compliance items to keep in mind: recordkeeping requirements, viewing and access to data, what to do with the originals, accessi...
  • Pay Equity: Old-School or Cutting Edge?
    by Cheryl L. Behymer - July 14, 2017
    The Equal Pay Act was passed in 1963. That same year, the Beatles wanted to hold your hand, President Kennedy was assassinated, and women were earning 59 to 64 cents for every dollar earned by men working the same jobs. Over 50 years later, the gender pay gap still exists. Although there has been progress, women today still only earn about 79 to 80 cents for every dollar earned by men. For women of color, the pay gap is...
  • The OFCCP Digest Volume 7, Issue 7
    by Local JobNetwork™ - July 14, 2017
    Adverse Impact Analysis: Aggregation of Races Topic: AAP In August 2013, Adverse Impact (AI) analysis received one of the most important judicial clarifications rendered since its formal Supreme Court codification in 1971. Administrative Law Judge Kenneth A. Krantz ruled in favor of VF Jeanswear (VF) and denied OFCCP’s...more...