The Employment Non-Discrimination Act (“ENDA”) was introduced on April 25 as S-815. A companion bill HR 1755 was introduced in the House. The legislation prohibits employment discrimination on the basis of sexual orientation. Notwithstanding 39 Senate sponsors or co-sponsors, passage will be difficult. Similar measures have been introduced in
OFCCP Directive Adopts EEOC Guidance and Outlines New Procedures and Existing Legal Obligations Regarding Criminal Background Checks
On January 29, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) adopted the Equal Employment Opportunity Commission’s (“EEOC”) April 25, 2012 Guidance regarding the use of criminal records in employment decisions for covered federal contractors and subcontractors (“contractors”). The OFCCP also detailed new criminal background check procedures affecting contractors required to utilize the federally-assisted workforce system and restated existing legal requirements under the Fair Credit Reporting Act (“FCRA”). Contractors beware – Directive 306 (“OFCCP Directive”) takes effect immediately.