Government Contractor Compliance & Regulatory Update

Category Archives: Discrimination

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New Pay Transparency Rules Go Into Effect January 11, 2016 – OFCCP Offers Webinar To Explain New Obligations

On January 11, 2016, the final rule implementing Executive Order 13665 (the “Order”) goes into effect. The Order prohibits federal contractors from firing or otherwise disciplining employees or job applicants for discussing their pay or the pay of their co-workers.  Our previous blog post outlining the final rule’s requirements can be found here. Today (January … Continue Reading

DOL Settles Systemic Hiring and Pay Discrimination Claim With Government Contractor For Close to $2 Million

On November 19, 2015, the U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) announced that it reached a settlement with nine locations of a government contractor “to remedy systemic hiring and pay discrimination violations.”  The contractor in question provides uniform and facility services products to private businesses and the federal government. The … Continue Reading

OFCCP Submits Final Sex Discrimination Regulations to OMB for Review and Approval

Earlier this year, we reported that the Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule to revise and replace the sex discrimination guidance it issued in 1970 and clarify federal contractors’ obligations with respect to sex discrimination. In the proposed rule, OFCCP addressed potential barriers to equal opportunity and fair pay for … Continue Reading

U.S. Department of Labor Publishes Final Rule Implementing Pay Transparency Executive Order

Today (September 10, 2015), the Department of Labor issued its final rule, implementing Executive Order 13665  (the “Order”), which prohibits federal contractors from firing or otherwise disciplining employees or job applicants for discussing their pay or the pay of their co-workers.  The final rule goes into effect on January 11, 2016. The final rule comes … Continue Reading

OFCCP Expands The Available Languages For Its Complaint Form

On August 3, 2015, the Office of Federal Contractor Compliance Programs (“OFCCP”) released its employment discrimination complaint form in five additional languages. The complaint form, which is available on OFCCP’s website, is now available in Spanish, Chinese, Korean, Vietnamese, and French. Previously, it had only been available in English. Employees of federal contractors may use … Continue Reading

OFCCP Publishes New Outreach and Education Poster

On August 3, 2015, the Office of Federal Contractor Compliance Programs (“OFCCP”) published a new poster. According to OFCCP, the Outreach and Education poster is the result of “feedback received during stakeholder listening sessions.” OFCCP explains that the aim of the poster is to “increase public awareness of OFCCP and its mission,” as well as … Continue Reading

DOL Files Discrimination Suit Against Baltimore-Based Federal Contractor

The U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) has filed a lawsuit before the Office of Administrative Law Judges against WMS Solutions LLC (“WMS”) alleging violations of Executive Order 11246. Executive Order 11246 prohibits discrimination in employment by federal contractors on the basis of race, color, sex, religion, sexual orientation, … Continue Reading

Self-Help Discovery Does Not Immunize Employee from Prosecution, Says NJ Supreme Court

On June 23, 2015, the New Jersey Supreme Court ruled that Quinlan v. Curtiss-Wright Corporation, 204 N.J. 239 (2010), does not bar criminal prosecutions arising from an employee’s removal of confidential company documents to support a discrimination claim.  State v. Saavedra, No. A-68-13. Ivonne Saavedra filed a lawsuit under the New Jersey Law Against Discrimination … Continue Reading

The New OFCCP Sexual Orientation And Gender Identity Protections Are Now In Effect

Yesterday, Executive Order (“EO”) 11246, as amended by EO 13762, officially went into effect, representing the first time in the federal sector that sexual orientation and gender identity have been expressly protected. On July 21, 2014, President Obama issued EO 13762, which amended EO 11246 to prohibit federal contractors from discriminating against employees on the … Continue Reading

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
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