Government Contractor Compliance & Regulatory Update

Category Archives: Discrimination

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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

Supreme Court Issues Important Affirmative Action And Employment Law Decisions

This week the Supreme Court issued three decisions that may significantly impact federal contractors and other employers: In Fisher v. University of Texas, No. 11-345 (U.S. June 24, 2013), the Supreme Court held that a university admissions program using racial categories must survive “strict scrutiny” review.  In other words, a university must show that no … Continue Reading

Federal Contractor Employees Receive $300,000 Back Pay Award and Reinstatement

The U.S. Department of Labor (DOL) and National Labor Relations Board (NLRB) recently reached a settlement with a federal contractor at Fort Belvoir military base regarding employee wages.  DOL determined that 70 janitorial staff were not properly paid their hourly rate, overtime and benefits (including holiday pay) based upon the terms of a collective bargaining … Continue Reading

Goodwill Industries and OFCCP Settle Reverse Sex Discrimination Findings

The Department of Labor announced that Goodwill Industries, best known for their donation centers and retail stores, has agreed to settle allegations of systemic discrimination stemming from Goodwill’s selection practices.  OFCCP found that Goodwill of Southern California’s hiring practices favored female applicants for entry-level positions as attendants at local donation centers due to a perception … Continue Reading

Employment Non-Discrimination Act Introduced Again

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 almost every Congress since 1994.  The … Continue Reading

Federal Sick Leave Law Reintroduced to Congress

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

Summary of OFCCP’s Public Briefing on the Rescission of the 2006 Compensation Guidance and New Investigation Protocols

On Monday, March 11, 2013, OFCCP held a web seminar on its recent rescission of two 2006 guidance documents on pay discrimination and its new directive on pay discrimination.  The rescission and new directive were issued on February 26, 2013, and were effective as of February 28, 2013.  OFCCP discussed the new investigative procedures that … Continue Reading

New Pay Discrimination Directive Issued by OFCCP

On February 26, 2013, OFCCP announced the rescission of two guidance documents on pay discrimination issued in 2006: Interpreting Nondiscrimination Requirements of Executive Order 11246 With Respect to Systemic Compensation Discrimination (“Compensation Standards”) and Voluntary Guidelines for Self-Evaluation of Compensation Practices for Compliance With Nondiscrimination Requirements of Executive Order 11246 With Respect to Systemic Compensation Discrimination … Continue Reading

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 … Continue Reading
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