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  • Do the Supreme Court's Holdings in Wal-Mart Stores, Inc. v. Dukes Apply to OFCCP?  Part 4
    by Bill Doyle - May 23, 2019
    In the prior articles in this series, we concluded that the Supreme Court's pattern or practice holdings in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), provide important guardrails applicable to OFCCP enforcement actions. The last installment examined the Supreme Court's specific holdings regarding allegations of a pattern or practice of disparate treatment. Here, we will consider the Supreme Court's ho...
  • How Employers Can Attract, Engage, and Retain Veterans
    by Robyn Grable - May 23, 2019
    According to the latest report from the Department of Defense, there are more than 50,000 active duty military service men and women in the state of South Carolina. Of those, 10 percent will leave the military each year. But will they stay in South Carolina? Additionally, 240,000 will separate from the military outside of South Carolina. And we certainly want them to relocate here. So what can employers do to attract vetera...
  • The OFCCP Digest Volume 9, Issue 5
    by LocalJobNetwork™ - May 23, 2019
    96 The OFCCP Digest is a complimentary resource for federal contractors on topics of Affirmative Action, EEO, and government compliance....
  • Tips on Preparing for the Discrimination Complaint Filed by a Former Employee Who Could Not Perform the Essential Job Function of Attendance at Work
    by Laura R. Garger - May 23, 2019
    Over 3,500 contractor locations will be receiving scheduling letters according to the fiscal year (FY) 2019 Corporate Scheduling Announcement Letter (CSAL) list that the Office of Federal Contract Compliance Programs (OFCCP) published in its Freedom of Information Act (FOIA) Library on March 25, 2019. In addition to the anticipated compliance reviews by OFCCP, contractors should be aware of another concern, often overlooked...
  • Do the Supreme Court’s Holdings in Wal-Mart Stores, Inc. v. Dukes Apply to OFCCP?
    by Bill Doyle - April 23, 2019
    In the prior article in this series, we concluded that the Supreme Court’s pattern or practice holdings in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), provide important guardrails applicable to OFCCP enforcement actions. The Supreme Court has addressed substantive discrimination standards under Title VII relatively infrequently, and, when it does, its holdings are quite consequential. In Dukes, the Supreme...
  • Missing Data and AAP/EEO Compliance - Applicant Data
    by Cassie Shamber, Dan Kuang - April 23, 2019
    On the face of it, missing data seems more of a mundane nuisance than a problem. This is particularly the case with applicants' voluntary self-reporting of race and gender data. Based on our experience, however, missing data is one of the most overlooked threats to AAP compliance. Unfortunately, most contractors do not realize this until they are deep in the middle of an OFCCP audit. The goal of this article is to help...
  • Section 503 Focus
    by T. Scott Kelly - April 23, 2019
    In August 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2018-04, identifying OFCCP’s plan to conduct compliance reviews focused on one of the three authorities that OFCCP is charged to enforce: Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). A “focused” review is toute...
  • Tapping into the Potential of Adults Living with Autism Spectrum Disorder
    by Dana Burns, Judy Young - April 23, 2019
    Introduction by Judy Young, Director of Training and Development at ILR School of Cornell University I have had the privilege in the past few years to contribute an article related to the employment of individuals with disabilities to this publication. I was just about to begin crafting this article when I met one of the participants in our school’s Diversity and Inclusion public workshop series who told me about...
  • The “Road Trip” to Pay Data Reporting
    by Cheryl L. Behymer, Sheila Willis - April 23, 2019
    A federal judge in Washington D.C. sent shockwaves through the employer community recently by reinstating a revised version of the EEO-1 report, which is now once again set to gather compensation information from employers across the country. The resurrection of the controversial revisions, which had been cast aside by the White House shortly after President Trump took over, may be challenged by an appeal and could also lea...
  • The OFCCP Digest Volume 9, Issue 4
    by LocalJobNetwork™ - April 23, 2019
    96 The OFCCP Digest is a complimentary resource for federal contractors on topics of Affirmative Action,...