Government Contractor Compliance & Regulatory Update

Category Archives: Discrimination

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OFCCP Provides Directory of LGBT Resources for Federal Contractors

As discussed in our previous post, on July 21, 2014, President Obama signed Executive Order 13672, banning federal contractors from discriminating against lesbian, gay, bisexual, and transgender (“LGBT”) workers, and adding sexual orientation and gender identity to the list of protected categories included in Executive Order 11246.  Following the publication of the Final Rule implementing … Continue Reading

OFCCP Announces Proposed Rules to Modernize Sex Discrimination Regulations

On Tuesday, the Office of Federal Contract Compliance Programs (“OFCCP”) announced a proposed rule to revise and modernize a sex discrimination guidance it issued in 1970 and clarify federal contractors’ obligations with respect to sex discrimination.  As OFCCP explained, “[t]his update, the first in more than four decades, would reflect present-day workplace realities and align … Continue Reading

Syracuse “Bans the Box” for City Contractors

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 levels of government requiring employers … Continue Reading

LGBT Rule Affecting Federal Contractors Will Become Effective April 8, 2015

Last week, the Office of Federal Contract Compliance Programs announced a Final Rule prohibiting discrimination based on sexual orientation and gender identity by federal contractors and subcontractors.  The Rule implements Executive Order 13672 signed by President Obama in July 2014.  OFCCP announced during a Webinar yesterday that the new Rule will become effective April 8, … Continue Reading

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.  Once OMB approves the regulations, … Continue Reading

DOL Issues Final Rule Implementing Executive Order 13672’s Prohibition on Discrimination Based on Sexual Orientation and Gender Identity

Yesterday, the Department of Labor announced a Final Rule prohibiting discrimination based on sexual orientation and gender identity by federal contractors and subcontractors.  The Rule, which implements Executive Order 13672 signed by President Obama in July 2014, will be effective 120 days from the date of publication in the Federal Register. If, as anticipated, the … Continue Reading

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 in favor of multiple police departments … Continue Reading

Madison, WI Resolution Targets “Ban the Box” Legislation For City Contractors and Vendors

The Common Council of Madison, Wisconsin passed a resolution that prohibits the city (i) from asking questions concerning an applicant’s criminal history on the city’s initial employment applications (i.e., “banning the box”), and (ii) from conducting a criminal background check before making a conditional offer of employment to the applicant.  The resolution provides exceptions for … Continue Reading

OFCCP Issues Directive Addressing Gender Identity and Transgender Bias

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 of the Secretary of the … Continue Reading

Connie Bertram Interviewed About Executive Order on Labor Violations

Proskauer recently reported on President Obama’s recent executive order requiring contractors to report various employment and labor law violations and requiring those violations to be considered in the government’s decisions to award contracts to and retain contractors. Connie Bertram, Co-Chair of Proskauer’s Government Regulatory Compliance and Relations Group, was recently interviewed about the executive order … Continue Reading

President Obama Amends Executive Order 11246 to Protect LGBT Workers of Government Contractors from Discrimination

As the White House announced last month, President Obama signed yesterday an Executive Order that bans workplace discrimination against lesbian, gay, bisexual, and transgender (“LGBT”) workers of federal contractors.  Executive Order 11246, issued by President Lyndon B. Johnson, prohibits federal contractors from discriminating “against any employee or applicant for employment because of race, color, religion, … Continue Reading

OFCCP Updates FAQs On Section 503 And Veterans’ Regulations

OFCCP recently updated its Frequently Asked Questions (“FAQs”) on the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act final rules.  The most recent VEVRAA FAQs address questions regarding data collection analysis and the term “jobs filled,” self-identification at the pre-offer and post-offer stages, and hiring benchmarks.  … Continue Reading

Obama Administration Announces Expansion of Executive Order 11246 to Protect LGBT Workers of Federal Government Contractors

Today, the White House announced that President Obama will issue an executive order that bans federal contractors from discriminating on the basis of sexual orientation and gender identity.  According to White House staff, the executive order will build upon existing protections that “generally prohibit federal contractors and subcontractors from discriminating in employment decisions on the … Continue Reading

OFCCP Announces Settlement Regarding Hiring Discrimination

The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) recently announced that it reached a settlement with federal contractor Parson Brinckerhoff (“Parsons”) regarding claims of hiring discrimination based on race and ethnicity. During a scheduled compliance review, OFCCP determined that Parsons engaged in hiring discrimination between 2010 and 2012 that affected 247 Hispanic, … Continue Reading

New Delaware Law “Encourages” State Vendors to “Ban the Box”

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

President Takes Executive Action Over Pay Equity By Federal Government Contractors

Today, in connection with “Equal Pay Day” ceremonies at the White House, President Obama issued an Executive Order and a Presidential Memorandum aimed at ensuring that employees of Federal government contractors and subcontractors are not discriminated against with regard to compensation on the basis of race, color, religion, sex, or national origin. The Presidential Memorandum … Continue Reading

OFCCP Updates FAQs On Section 503 And Veterans’ Regulations

OFCCP recently updated its Frequently Asked Questions (“FAQs”) on the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act final rules.  The most recent FAQs address questions regarding the availability of the “EEO is the Law” poster, the ability to use human resource information systems as the … Continue Reading

OFCCP Seeks Comments On Discrimination Complaint Form

OFCCP is seeking public comment its form for individual complaints of discrimination and retaliation.  An employee or applicant of a federal contractor may file a complaint of discrimination or retaliation with the OFCCP.  The OFCCP has a form for such complaints, designated Form CC-4.  The two-page form seeks identifying information about the complainant, a description … Continue Reading

Joint Standards Proposed for Assessing Diversity Policies and Practices of Dodd-Frank Covered Entities

On November 5, 2013, Proskauer issued a Client Alert providing an analysis of the jointly-proposed standards for assessing the diversity policies and practices of entities subject to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.  Attached is a link to the Client Alert.  Please be sure to check the Government Contractor Compliance … Continue Reading

OFCCP Announced a Series of Consent Decrees Impacting Contractors Prior to the Government Shutdown

Medtronic, Inc. and Medtronic Interventional Vascular, Inc. A Department of Labor Administrative Law Judge (“ALJ”) approved a consent decree on September 16, 2013 between the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) and Medtronic, Inc. (“Medtronic”) to settle claims of national origin discrimination in pay.… Continue Reading

Energy Company Settles OFCCP Racial Bias Allegations

On September 27, 2013, Baltimore Gas & Electric Company (“BGE”) announced that it entered into a conciliation agreement with the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) to settle claims of racial bias in its hiring practices.  OFCCP did not announce the settlement prior to suspending operations due to the government shutdown. … Continue Reading

ALJ Rules “Non-Asian” Group Not Protected Under Executive Order 11246

A Department of Labor Administrative Law Judge (“ALJ”) ruled on August 5, 2013 that the Office of Federal Contract Compliance Programs (“OFCCP”) cannot proceed with a disparate impact claim against a clothing manufacturer because “Non-Asians” is “neither a race nor an ethnic group” for purposes of Executive Order 11246. OFCCP issued a Notice of Violation … Continue Reading

OFCCP Issues Directive 310: Guidance on Back Pay Calculations

The Office of Federal Contract Compliance Programs (“OFCCP”) released Directive 310 on July 17, 2013.  The Directive provides guidance concerning the calculation of back pay awards by OFCCP in investigations and proceedings involving individual and class allegations of discrimination.  This is the first time OFCCP has addressed the computation of back pay award since the … Continue Reading
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