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
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
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
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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