New OFCCP Directive on Back Pay
by Sandra Zeigler, Esq. - Aug, 2013
On July 17, 2013, the Office of Federal Contract Compliance Programs (OFCCP) issued a new directive on how to calculate back pay for victims of employment discrimination. The Directive serves at least two purposes. First, it memorializes current practices in the calculation of monetary remedies at OFCCP. Second, it resolves some open questions or variations in the approach to the basic calculation of remedies between the Regio...
How to Set Priorities for an OFCCP Review - Part 2
by Bill Osterndorf - Aug, 2013
How to Set Priorities for an OFCCP Review Part 2 - Specific Priority Areas Several articles in the August 2013 edition of The OFCCP Digest will discuss what was learned from the recent National Industry Liaison Group (NILG) conference that was held in July in Indianapolis. While the conference was useful and interesting, it had very little effect on the basic premise of this two-part series of arti...
The Fox OFCCP Report
by John Fox, Esq. - Jul, 2013
July 2013 The Myth of OFCCP's Debarment Authority: Another Great Urban Legend Skewered OFCCP Director Pat Shiu has garnered some flattering and critical (both) press coverage for her recent speech to the annual meeting of The National Employment Lawyer's Association (NELA), one of the country's leading trade associations for Plaintiff Employment Lawyers. (Note: NELA is not to...
The OFCCP Digest Volume 3, Issue 7
by Local JobNetwork™ - Jul, 2013
Volume 3, Issue 7 The OFCCP Digest is a complimentary resource for those who do business with the Federal government. Industry leaders throughout the country share their expertise on a range of topics including affirmative action, equal employment opportunity, and government compliance....
Breathing New Life into Affirmative Action to Grow Your Company’s Bottom Line
by Ahmed Younies - Jul, 2013
Affirmative Action burst onto the American employment landscape about 45 years ago as a means to combat decades of racial discrimination by employers. That year, all Federal agencies were required by Federal law to put into place certain programs meant to ensure that all job applicants were considered without regard to “race, creed, color, or national origin,” and to guarantee that these factors played no role in the treatmen...
How to Set Priorities for an OFCCP Review - Part 1
by Bill Osterndorf - Jul, 2013
How to Set Priorities for an OFCCP Review Part 1 - Understanding How OFCCP’s Focus Areas Affect Setting Priorities This article is the first of a two-part series. In this article, we’ll provide some general information on how to set priorities in preparation for an OFCCP review. In the follow-up article, we’ll discuss a number of specific items that should be priorities for all federal contractors...
Obesity and the ADA
by Sandra Zeigler, Esq. - Jul, 2013
Disease vs. Disability On June 18, 2013, the American Medical Association (AMA) voted to classify obesity as a disease. According to all reports, this decision does not, by itself, carry any legal weight. However, it could influence the way obesity is treated in developing public policy on the issue. In fact, public policy has been trending this way for a while. One of the earliest cases discussing obesity and disability...
What You Need To Know: Employment Implications of Key Recent US Supreme Court Decisions
by Valerie Hoffman, Esq - Jul, 2013
The United States Supreme Court ended its October 2012 term with a flurry of high profile decisions. A number of those will have significant implications for employers. Among other noteworthy opinions, the Justices handed down one opinion regarding affirmative action and two dealing with Title VII. Employers should be aware of the precedents established by the respective cases, but should remain watchful for developing tre...
The OFCCP Digest Volume 3, Issue 6
by Local JobNetwork™ - Jun, 2013
Volume 3, Issue 6 The OFCCP Digest is a complimentary resource for those who do business with the Federal government. Industry leaders throughout the country share their expertise on a range of topics including affirmative action, equal employment opportunity, and government compliance....
The Fox OFCCP Report
by John Fox, Esq. - Jun, 2013
June 2013 IF YOU ARE USING OFCCP-REQUIRED AFFIRMATIVE ACTION PROGRAMS CORRECTLY, YOU WILL NOT FEAR THE COMING U.S. SUPREME COURT DECISION IN FISHER V. UNIVERSITY OF TEXAS The precise legal question presented in Abigail Noel Fisher v. University of Texas at Austin et al., No. 11-345 (U.S. Sup Ct, cert granted 2/21/12) is: "Whether this Court's decisions interpreting th...
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