On October 18, 2017, a federal district judge in Alaska ordered a former employee to pay nearly $170,000 of his ex-employer’s legal fees as sanction for removing nine attorney-client privileged documents prior to his termination. The ruling was based on a decision this summer that the former employee willfully and
Amy Blackwood
Labor Secretary Defends OFCCP-EEOC Merger
By Guy Brenner & Amy Blackwood on
As previously reported, the Trump Administration’s proposed budget for fiscal year 2018 includes a plan to merge the Office of Federal Contract Compliance Programs (“OFCCP”) into the Equal Employment Opportunity Commission (“EEOC”). Pragmatically, this would add the OFCCP’s broad responsibilities to an already overburdened EEOC, without providing the EEOC any additional funding to accomplish its newly added workload.
On June 7, 2017, Labor Secretary Alexander Acosta testified at a House Appropriations subcommittee hearing in support of the proposal. The Labor Secretary touted the merger as a “commonsense change” that “combines two civil rights agencies that already work together closely.” The merger, according to Secretary Acosta would achieve a cost saving without reducing enforcement.
The Department Of Homeland Security Proposes New Rules Affecting Federal Government Contractors
By Amy Blackwood & Emilie Adams on
This week, the Department of Homeland Security (“DHS”) issued three proposed rules expanding data security and privacy requirements for contractors and subcontractors. The proposed rules build upon other recent efforts by various federal agencies to strengthen safeguarding requirements for sensitive government information. Given the increasing emphasis on data security and privacy, contractors and subcontractors are well advised to familiarize themselves with these new requirements and undertake a careful review of their current data security and privacy procedures to ensure they comply.
OFCCP Sues Google, Seeking Pay Data
By Amy Blackwood on
On January 4, 2017, the Office of Federal Contractor Compliance Programs (OFCCP) sued Google, claiming that the tech giant is illegally withholding information about the compensation it provides its employees. OFCCP seeks the information as part of an ongoing review of Google’s compliance with the various equal protection laws enforced by the OFCCP.
New Sex Discrimination Guidelines Take Effect August 15, 2016
By Amy Blackwood on
We have previously written about the updated sex discrimination guidelines recently published by OFCCP. Among other mandates, the guidelines require federal government contractors to provide paternity leave on an equal basis to maternity leave. The guidelines also prohibit discrimination based on gender identity and sex-based stereotypes, such as whether an…
OFCCP Publishes Final Rule Modernizing Sex Discrimination Guidelines
By Amy Blackwood on
For the first time in more than four decades, OFCCP revised its Sex Discrimination Guidelines prohibiting discrimination by government contractors on the basis of sex (the “final rule”). The final rule applies to employers with Federal contracts or subcontracts totaling $10,000 or more over a 12-month period. The final rule…
DOD Issues Proposed Rule Extending Limitations on Contractor Employee Personal Conflicts of Interest
By Amy Blackwood on
The Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued a proposed rule amending the Federal Acquisition Regulations (FAR) to extend the limitations on contractor employee personal conflicts of interest. The proposed rule will extend those limitations to the performance of all functions that are closely associated with inherently governmental functions and contracts for personal services. Functions closely associated with inherently governmental functions include services that involve or relate to budget preparation, feasibility studies, and the evaluation of another contractor’s performance. They also include contractors providing assistance in the development of statements of work or participating in any activities or functions that could lead to the assumption that they are agency employees or representatives.
OFCCP Adds New Resources to Disability and Veterans Community Resources Directory
By Amy Blackwood on
Last month, the Office of Federal Contract Compliance Programs (OFCCP) created the Disability and Veterans Community Resources Directory. The goal of the Directory is to assist contractors in locating community and other resources for recruiting veterans and individuals with disabilities. The Directory contains a non-exhaustive list of groups and organizations…