OFCCP’s Fiscal Year 2017 (FY2017) is coming to a close and the Agency may be looking to make some deals, particularly in matters alleging pattern and practice discrimination. For the past decade, OFCCP has engaged in what has been best described as 'plaintiff-style' tactics to achieve highly publicized, big-dollar settlements in its efforts to uncover workplace discrimination by federal contractors. Relying on Direc...
We are often contacted by an employer that realizes, well after the filing deadline, that it failed to submit an annual EEO-1 Report to the Equal Employment Opportunity Commission (EEOC) / Joint Reporting Committee. Sometimes the employer has gone several years without filing an EEO-1 Report – maybe never. The typical first question asked by a sheepish human resources manager is what the consequences may be for fail...
I have two subject areas that are of significant interest to me that I have written about on various occasions over the last several years. One of these areas involves the demographic surveying that must be done for applicants and employees. The other involves the availability analyses that must be a part of affirmative action plans produced under Executive Order 11246. Today, we’re going to return to this later top...
Part 1 of this article focused on the important role that 'disposition codes' play in the employer's ability to perform its own meaningful adverse impact analyses and the employer's ability to defend an allegation of discrimination/demand for back pay based on the OFCCP's analyses of the data it provides…that is, the importance of Counting the Right Numbers.
In my experience, most disposition codes do...
Since the beginning of the #MeToo movement in October 2017, Congress and state and local lawmakers have introduced a series of legislation aimed at eliminating sexual harassment and abuse in the workplace. In 2018 alone, over 125 bills have been introduced by states to eliminate workplace misconduct. We expect to see continuing efforts by Congress, states, and localities to offer legislative solutions.
On December 22,...
On May 1, 2018, the Office of Federal Contract Compliance Programs issued a Town Hall Action Plan (the 'Plan'). The OFCCP's announcement regarding the Plan describes it as the result of participant feedback and insight provided during three Compliance Assistance Town Halls held in 2017. The Plan states that such feedback and insight 'resulted in the identification of three general areas of focus: training, communicati...
One of your best sales representatives was injured last year in an accident at home. His injuries were not very severe and he returned to work after a month of leave. However, his job performance started slipping and he began calling in sick frequently. Then you noticed that he appeared disheveled and sometimes seemed confused when you tried to talk with him. You had no choice but to discipline him according to your perfo...
I'm a born sorter. I actually find it relaxing to pick out all the blue beads and then all the red, yellow, etc. from all the rest in the less expensive 'bead mix' I just purchased and put them in separate little containers. In my closet, not only are the black tops separated from the pink ones, the long sleeved black tops are separated from the short sleeved and the sleeveless black tops. My herbs and spices aren'...