Government Contractor Compliance & Regulatory Update

Tag Archives: EO 11246

OFCCP Settles Sex Discrimination Claims With Mental Health Provider

By Guy Brenner and Alex Weinstein on Posted in Discrimination, OFCCP
The Office of Federal Contractor Compliance Programs (“OFCCP”) recently settled a case involving allegations of gender discrimination with federal contractor, Integris Mental Health (“Integris”).  As part of the settlement, OFCCP and Integris entered into a conciliation agreement, governing the terms of the settlement. OFCCP found that Integris “discriminated against female applicants for occasional, part-time Mental … Continue Reading

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

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Discrimination, OFCCP
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

By Guy Brenner and Alex Weinstein on Posted in Compensation, Department of Labor, Discrimination, OFCCP
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

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

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Discrimination, OFCCP
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 Seeks Final Approval Of Its Pay Transparency Regulations From OMB

By Alex Weinstein and Connie Bertram on Posted in Department of Labor, Federal Acquisitions, OFCCP
OFCCP recently sent its proposed final regulations implementing Executive Order 13665 (the “Order”) to the Office of Management and Budget (“OMB”) for final approval. The Order, among other things, mandates that federal contractors disclose additional compensation information to employees and permit employees openly to discuss compensation without retribution. The Order directed the U.S. Department of … Continue Reading

DOL Files Discrimination Suit Against Baltimore-Based Federal Contractor

By Connie Bertram and Alex Weinstein on Posted in Discrimination, OFCCP
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

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

By Alex Weinstein and Connie Bertram on Posted in Department of Labor, Discrimination, Employment Law, Federal Acquisitions, OFCCP
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

District Court Rejects Challenge to Section 503 Final Rule

By Andrew Aitchison on Posted in Disability, OFCCP
On Friday, March 21, 2014, Federal District Judge Emmet Sullivan ruled in favor of the Office of Federal Contractor Compliance Programs’ (“OFCCP”) recent rule implementing Section 503 of the Rehabilitation Act, denying a challenge by the Associated Builders and Contractors trade organization (“ABC”).  As a result, OFCCP’s Rule—“Affirmative Action and Nondiscrimination Obligations of Contractors and … Continue Reading

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
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

DOL Seeks To Defend Its Data Gathering Authority

By Daniel Davis on Posted in Department of Labor, Employment Law, OFCCP
Last week, the Department of Labor moved to dismiss Frito-Lay’s lawsuit (Frito-Lay, Inc. v. Department of Labor, 3:12-cv-01747 (N.D. Tex. 2012)) seeking to block the production of employment data for an OFCCP investigation into discrimination at its Dallas facility.  The case is an important test of the scope of OFCCP’s authority to request documents from government … Continue Reading
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