Government Contractor Compliance & Regulatory Update

Category Archives: Affirmative Action

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Seventh Circuit Allows Reverse Racism Claims To Proceed Against Contractor

Earlier this week, the Seventh Circuit allowed a Caucasian construction worker to take his reverse racism claims to trial because there were factual disputes about the reason for his termination. The plaintiff, Terry Deets, alleges that the defendant contractor laid him off because it was not meeting its federally mandated minority-hiring goals. Prior to his … Continue Reading

DOL ALJ Orders Government Contractor To Produce Documents To OFCCP

On October 23, 2015, a Department of Labor (“DOL”) administrative law judge (“ALJ”) ordered a government contractor, Convergys Customer Management Group, Inc. (“Convergys”), to submit its affirmative action program along with supporting data to DOL’s Office of Federal Contract Compliance Programs (“OFCCP”) in connection with a desk audit. In so doing, the ALJ rejected Convergys’ … Continue Reading

Lopez v. City of Lawrence Decision Criticizes “Disparate Impact” Analysis

In the context of analyzing a Title VII Civil Rights and Massachusetts law “disparate impact” claim, a federal court has cast considerable doubt on the efficacy of statistical tools employed in “disparate impact” analysis.  In Pedro Lopez, et al. v. City of Lawrence, et al., the district court ruled in favor of multiple police departments … Continue Reading

OFCCP Updates FAQs On Section 503 And Veterans’ Regulations

OFCCP recently updated its Frequently Asked Questions (“FAQs”) on the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act final rules.  The most recent FAQs address questions regarding the availability of the “EEO is the Law” poster, the ability to use human resource information systems as the … Continue Reading

Treasury Adopts Final Rule Addressing Contractor Affirmative Action Under Section 342 of Dodd-Frank

Section 342 of the Dodd-Frank Act requires specified federal agencies and departments, including the Treasury Department, to ensure fair inclusion and utilization of minorities, women, and minority-owned and women-owned businesses in all business and activities of the agency, including equal employment and affirmative action by contractors and subcontractors.  On March 20, 2014, the Treasury Department … Continue Reading

DOL Seeks Remand Of District Court Case Regarding OFCCP’s Data Gathering Authority

Earlier this week the Department of Labor moved to remand Frito-Lay’s lawsuit seeking to block the production of employment data in connection with an OFCCP investigation into discrimination at its Dallas facility.  Frito-Lay, Inc. v. Department of Labor, 3:12-cv-01747 (N.D. Tex. 2012).  The resolution of this case may impact the scope of OFCCP’s authority to … Continue Reading

OFCCP Submits New Veterans and Disability Regulations to OMB

Yesterday, the long-awaited proposed regulations of the Office of Federal Contract Compliance Programs (“OFCCP”) addressing federal contractors’ affirmative action and nondiscrimination obligations for both individuals with disabilities and covered veterans were submitted to the Office of Management and Budget (“OMB”) for review.  The proposed regulations, as written, would make significant changes to contractors’ compliance obligations, … Continue Reading

Supreme Court Issues Important Affirmative Action And Employment Law Decisions

This week the Supreme Court issued three decisions that may significantly impact federal contractors and other employers: In Fisher v. University of Texas, No. 11-345 (U.S. June 24, 2013), the Supreme Court held that a university admissions program using racial categories must survive “strict scrutiny” review.  In other words, a university must show that no … Continue Reading
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