indicators of discrimination

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 and restated existing legal requirements under the Fair Credit Reporting Act (“FCRA”). Contractors beware – Directive 306 (“OFCCP Directive”) takes effect immediately.