Getting it Right the First Time
by Marilynn L. Schuyler - Jun, 2014
Thirty days – calendar days – is a very short time to get a submission together for OFCCP, but it's not the time to cut corners. One of the most effective ways to avoid a protracted review is to ensure that the data you submit is comprehensive, accurate, and is internally consistent. You do not want to be correcting data after it has already been sent to OFCCP, as OFCCP tends to presume that corrected data is submitted to hi...
Compliance After March 24: Now What?
by Cindy Karrow, SPHR - Jun, 2014
The revised Office of Federal Contract Compliance Programs (OFCCP) regulations for Section 503 of the Rehabilitation Act and the Vietnam Era Veterans Assistance Act (VEVRAA) are now in effect. The date has come and gone, so what now? What should contractors have in place, and what should they be working on? What is OFCCP doing now, and what might we see on the horizon? Let’s explore these and many other important questions....
EEO-1 Report and Voluntary Disclosure
by Sandra Zeigler, Esq. - Jun, 2014
On February 14, 2010, Mercury News reported that Google, Apple, Yahoo, Oracle and Applied Materials had successfully convinced the U.S. Department of Labor (DOL) not to release race and gender data from their EEO-1 report under the Freedom of Information Act (FOIA) because releasing such data would cause "commercial harm." CNN made a similar FOIA request on August 18, 2011 for EEO-1 data on 17 technology companies that refused...
The OFCCP Digest Volume 4, Issue 5
by Local JobNetwork™ - May, 2014
Volume 4, Issue 5 "Similarly Situated" in Termination and Promotion Cases by Sandra Zeigler, Esq. The determination of who is "similarly situated" is critical to the outcome of a discrimination case. It is the agency's burden to prove that its calculations are correct and based on...
Fast Facts of the 2014 SWARM ILG Conference
by Jacquelyn Peterson - May, 2014
The Colorado Industry Liaison Group (ILG) hosted the 2014 Southwest and Rocky Mountain (SWARM) ILG Conference in Denver, Colo. at the Omni Interlocken Resort from Tuesday, April 29 to Friday, May 2, 2014. The conference attendance included approximately 270 attendees, 26 exhibitors, 6 preconference sessions, 7 general sessions, 20 concurrent sessions, 1 keynote speaker, and 1 motivational speaker. The Office of Federal...
Pay Equity, Gender Gap, and Publicly Available Data
by Dr. Hossein Borhani - May, 2014
On April 8, 2014, President Obama issued a Presidential Memorandum entitled "Advancing Pay Equality Through Compensation Data Collection." The Presidential Memorandum directs the Department of Labor to establish new regulations that will require federal contractors to submit summary compensation data by gender and race to the DOL. On the same day the President also signed an Executive Order entitled Non-Retaliation for Dis...
OFCCP’s Revised Veterans and Disability Regulations: The Affirmative Action (“Subpart C”) Requirements
by Bill Osterndorf - May, 2014
As we approach the summer months, companies are continuing to implement the revised regulations issued by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) in regard to protected veterans and individuals with disabilities. By now, federal contractors and subcontractors should have implemented the items that were to have been in place by March 24, 2014. There are various other requirement...
Similarly Situated in Termination and Promotion Cases
by Sandra Zeigler, Esq. - May, 2014
The determination of who is "similarly situated" is critical to the outcome of a discrimination case. It is the agency's burden to prove that its calculations are correct and based on appropriate pools for comparison. The most obvious and common avenue of defense for a contractor is to challenge the construction of the pools used in the discrimination analysis. In order to successfully mount this kind of challenge the contract...
The OFCCP Digest Volume 4, Issue 4
by Local JobNetwork™ - Apr, 2014
Volume 4, Issue 4 There's More Than Equal Pay On The Presidential Agenda This Year by Carmen Couden, Esq. Earlier this month, President Obama proclaimed April 8, 2014 to be National Equal Pay Day – the day that indicates how far into 2014 a woman must work in order...
Similarly Situated in Compensation
by Sandra Zeigler, Esq. - Apr, 2014
In hiring, termination and promotion cases, the analysis examines each step of the decision making process to determine who should have been equally likely to be selected for the particular employment event. For example, in hiring at each stage you look at who remained eligible to progress to the next stage. Ultimately, the investigation should arrive at the final stage where selection rates of the remaining eligible individua...
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