Last week, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) filed an administrative lawsuit against B&H Foto & Electronics Corporation (“B&H”), a major New York-based electronics retailer, alleging systematic discrimination against Hispanic, black, female, and Asian employees.
Following a two-year compliance review, OFCCP’s complaint accuses B&H…
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…
Last week, the U.S. Court of Appeals for the Sixth Circuit rejected a former compliance officer’s whistleblower retaliation claim because she did not establish that she had an objectively reasonable belief that she was investigating illegal conduct when her employment was terminated.
The plaintiff, Sara Jane Jones-McNamara (“Plaintiff”) alleged that…
Earlier this week, the House of Representatives unanimously approved a bill, titled the Boosting Rates of American Veteran Employment Act or “BRAVE Act.” The BRAVE Act authorizes the Department of Veterans Affairs (“VA”) to give preferences to companies that employ veterans on a full-time basis in awarding contracts for the…
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…
On October 1, the Department of Labor (“DOL”) announced its final rule raising the minimum wage for employees working on covered federal government contracts from $7.25 an hour to $10.10 an hour. The final rule implements Executive Order 13658, which was issued by President Obama last February.
The final…
Last week, a New Jersey federal court allowed medical device maker Boston Scientific Neuromodulation Corp. (“Boston Scientific”) to proceed with counterclaims against two of its former employees for violating their contracts with the company by retaining and disclosing company proprietary data after they were terminated. The former employees have asserted False Claims Act claims against Boston Scientific, accusing it of submitting fraudulent claims for one of its devices and engaging in a kickback scheme with doctors.
Earlier this week the Office of Federal Contract Compliance Programs (OFCCP) issued a directive to “clarify that existing agency guidance on discrimination on the basis of sex . . . includes discrimination on the bases of gender identity and transgender status.” OFCCP’s pronouncement on the issue comes on the heels…
Last week, the Third Circuit reversed a New Jersey district court’s decision to dismiss a False Claims Act (FCA) qui tam law suit, holding that the court applied an overly demanding pleading standard to relator Thomas Foglia’s complaint. The Third Circuit’s decision joins the growing debate that has split the…
Speaking to employers during a June 6 affirmative action conference, the Office of Federal Contract Compliance Programs (“OFCCP”) Director Patricia Shiu announced the agency’s plan to launch a public service announcement (PSA) explaining to employees the disability affirmative action requirements imposed by the new regulations issued by OFCCP under Section…
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