Effective March 22, 2015, Syracuse has “banned the box” for any person that enters into a service contract or concession agreement with the City, or otherwise supplies goods and/or services to, or on behalf of, the City. “Ban the box” refers to a growing movement at the state and local
D.C. Circuit Rejects Challenge To Section 503 Regulations Administered by OFCCP
On Friday, December 12, 2014, the D.C. Circuit rejected a challenge by Associated Builders and Contractors, Inc. (“ABC”) to the recent rules promulgated by OFCCP under Section 503 of the Rehabilitation Act protecting individuals with disabilities. Those rules, among other things, established an aspirational seven percent utilization goal and
OFCCP Provides New FAQs on Scheduling Letter And Compensation Data
OFCCP recently released new FAQs regarding its revised scheduling letter and compensation disclosure requirements. As reported previously, OFCCP recently revised its scheduling letter and has issued proposed rules regarding compensation disclosures. The new FAQs provide guidance on computing partial year data for the scheduling letter. The FAQs also provide information
OFCCP Submits Proposed Regulations Regarding Sex Discrimination For Review
OFCCP recently sent proposed regulations regarding sex discrimination to the Office of Management and Budget (OMB) for review. The content of the regulations has not yet been disclosed, but OFCCP has previously stated that it intended to promulgate updated sex discrimination guidelines that reflect the current state of the law.
Sixth Circuit Dismisses Whistleblower’s Claims Made By Job Applicant
This week, the U.S. Court of Appeals for the Sixth Circuit ruled that a job applicant lacks standing to bring whistle-blower claims under the Energy Reorganization Act and the False Claims Act (“FCA”) because those laws’ retaliation provisions apply only to employees. The Sixth Circuit is the first Court of
Recent OFCCP FAQ Clarifies Compliance Evaluation Scheduling Letter and Itemized Listing
On October 1, 2014, OFCCP released its new compliance evaluation scheduling letter and Itemized Listing. In a recently released FAQ, OFCCP provided guidance concerning federal contractors’ obligations under Item 19 of the Itemized Listing. Item 19 describes the support data that contractors must submit on compensation.
Pursuant to the
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
OFCCP’s Recent FAQ Clarifies How Contractors May Document Invitations To Self-Identify
As part of its ongoing effort to answer questions concerning last year’s Section 503 regulations, OFCCP recently posted a new FAQ that highlights how contractors may document compliance with the requirement to invite applicants and employees to self-identify a disability. The FAQ clarifies how contractors may store the invitation to
Contractor Working On Federally-Funded Solar Project Settles Davis-Bacon Act Claims for $1.9 Million
On October 23, the Department of Labor reported that Proimtu Mmi-Nv LLC, a Nevada-based company, agreed to pay $1.9 million in back wages and fringe benefits as the result of a DOL investigation of its compliance with the Davis-Bacon Act. Proimtu performs work at the Crescent Dunes Solar Energy Project
False Claims Act Does Not Protect An Employee Disclosing His Whistleblower History
On October 20, the United States District Court for the Southern District of Ohio found that the False Claims Act (“FCA”) did not protect an employee who was fired after revealing his history as a whistleblower and offering to help his new employer prevent overcharges on a government contract. The