Michael J. Graham
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On June 27, 2014, the D.C. Circuit granted Kellogg Brown & Root’s (“KBR’s”) petition for a writ of mandamus and vacated a federal district court order requiring KBR to produce 89 documents related to an internal investigation. Relying on Upjohn Co. v. United States, 449 U.S. 383 (1981), the D.C. Circuit ruled that the documents … Continue Reading
Delaware’s Governor recently signed a “ban the box” law to prohibit public employers from inquiring into or considering the credit or criminal history of a job candidate during the initial application process (up to and including the first interview), unless otherwise required by state or federal law. Public employers must state this restriction in all … Continue Reading
On April 29th, 2014, the OFCCP hosted a “Listening Session” to solicit comments from the government contractor community regarding suggested implementing regulations for Executive Order 13665 (“EO 13665”) and a new Presidential Memorandum, which were signed by President Obama on April 8, 2014. EO 13665 prohibits discrimination and retaliation against employees who discuss their compensation … Continue Reading
Mayor Greg Fischer recently signed an ordinance that generally prohibits the Louisville Metro Government (hereinafter, “City”) and its vendors from inquiring into an applicant’s criminal history on the initial job application. The Ordinance joins an ever-growing patchwork of laws that curbs inquiries into or the use of an applicant and/or employee’s criminal history in employment … Continue Reading
Mayor Gregory A. Ballard recently signed an ordinance that generally prohibits the Consolidated City of Indianapolis and Marion County (hereinafter, “City”) and its vendors from inquiring into an applicant’s criminal history until after the applicant’s first interview. In addition to “banning the box,” the Ordinance further restricts the types of arrest and conviction records the … Continue Reading
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
On February 6, 2014, the Office of Personnel Management (OPM) announced that the agency will federalize the “quality review process” of its background investigations. OPM had previously engaged federal contractors to conduct agency background investigations, including the quality review procedures and back office support. … Continue Reading
On January 22, 2014, after several months of review, the Office of Management and Budget (“OMB”) finally approved the voluntary self-identification form required by the Section 503 Final Rule that becomes effective on March 24, 2014. The Office of Federal Contract Compliance Program (“OFCCP”) designed the self-identification form to alleviate contractor concerns that collecting disability … Continue Reading
On March 20, 2013, Senator Tom Harkin (D-Iowa) and Representative Rosa DeLauro (D-Conn.) reintroduced the Healthy Families Act (“the Act”) to the United States Senate (S. 631) and House of Representative (bill number not yet available). Several iterations of the Act have failed to garner sufficient support in Congress since Representative DeLauro and Senator Edward … Continue Reading
DC Circuit Rejects Narrow View Of Attorney-Client Privilege In Internal Company Investigations
By Connie Bertram, Daniel Davis and Michael J. Graham on Posted in Federal Acquisitions
New Delaware Law “Encourages” State Vendors to “Ban the Box”
By Daniel Saperstein and Michael J. Graham on Posted in Discrimination, Employment Law
OFCCP Hosts Executive Order 13665 and Presidential Memorandum “Listening Session”
By Michael J. Graham on Posted in OFCCP
New Louisville “Ban the Box” Ordinance Covers City Contractors, Continues Growing Trend
By Daniel Saperstein and Michael J. Graham on Posted in Employment Law
Joining Other States and Localities, Indianapolis “Bans the Box” for City Vendors and Further Restricts Criminal Background Inquiries
By Daniel Davis, Daniel Saperstein and Michael J. Graham on Posted in EEOC, Employment Law
Treasury Adopts Final Rule Addressing Contractor Affirmative Action Under Section 342 of Dodd-Frank
By Connie Bertram and Michael J. Graham on Posted in Affirmative Action, Employment Law
OPM to Federalize Background Checks in Wake of Snowden Scandal/Navy Yard Shooting
By Michael J. Graham on Posted in Employment Law
OMB Approves Section 503 Voluntary Self-Identification Form
By Connie Bertram and Michael J. Graham on Posted in Employment Law, OFCCP
Federal Sick Leave Law Reintroduced to Congress
By Michael J. Graham on Posted in Compensation, Discrimination
