The Office of Federal Contract Compliance Programs (OFCCP) has rescinded restrictions on investigating pay discrimination and has announced new guidance for employers and other interested stakeholders. According to OFCCP, they are taking this action to protect workers and strengthen OFCCP’s ability to identify and remedy different forms of pay discrimination. OFCCP has posted several resources on its website covering these changes.
The U.S. Equal Employment Opportunity Commission held a meeting March 20 to hear from its front line staff, managers, and stakeholders to develop the agency’s Quality Control Plan. The Quality Control Plan was called for in the EEOC’s 2012-2016 Strategic Plan. Details of the Commission’s meeting are available in the EEOC’s Press Release: “Improving and Measuring Quality of EEOC Investigations Focus of Commission Meeting“.
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has announced a settlement with a Minnesota-based food distributor that would require the company to pay back wages to 84 women and provide job offers to settle allegations of sex discrimination at its North Carolina facility. More information and a link to the Department of Labor’s news release is here.
The Equal Employment Opportunity Commission posted an announcement dated September 27, 2012 on its website that states it has implemented a new plan to accept and investigate claims of employment discrimination brought in Lee County, Florida. The announcement comes after the Lee County Board of County Commissioners repealed its local EEO ordinance. More information and a link to EEOC’s announcement is here.
The U.S. Department of Labor has announced October as National Disability Employment Awareness Month. This year’s theme is: “A Strong Workforce is an Inclusive Workforce: What Can YOU Do?”
More information: “A Strong Workforce is an Inclusive Workforce: What Can YOU Do?” Department of Labor, October 2012
The U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) has posted an announcement on its website regarding the extension of the VETS-100/100A reports filing deadline in the 2012 cycle to October 31, 2012.
VETS Website: Filing Information
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has released a YouTube video on how to file disability discrimination complaints. The video is “OFCCP Opening Doors Disability-Focused.
“OFCCP Opening Doors Disability-Focused,” OFCCP, 9/20/12.
On April 25, 2012, OFCCP Director Patricia Shiu issued a Notice of Rescission to rescind Directive 293, Coverage of Health Care Providers and Insurers, issued December 16, 2010. The Notice is effective immediately.
According to the Notice of Rescission, “recent legislation and related developments in pending litigation warrant rescission of Directive 293 at this time. OFCCP will continue to use a case-by-case approach to make coverage determinations in keeping with its regulatory principles applicable to contract and subcontract relationships and OFCCP case law This rescission should not be interpreted as reinstating prior Directive Numbers 189 and 262.
For more information: Notice of Rescission.
The link is at: http://www.dol.gov/ofccp/regs/compliance/directives/dir301.htm.
This information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Assistant Secretary of Labor for Disability Employment Policy Kathleen Martinez and National Industry Liaison Group Chair Valerie J. Vickers signed an alliance agreement to promote the hiring of individuals with disabilities by the federal contractor community.
For more information: “US Department of Labor’s Office of Disability Employment Policy Signs Alliance Agreement with National Industry Liaison Group,” April 26, 2012.
The link is at: http://www.dol.gov/opa/media/press/odep/ODEP20120811.htm.
This information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
On April 25, 2012, the EEOC issued updated Enforcement Guidance on employer use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964, as amended (Title VII).
The EEOC also issued a Q&A on the guidance.
EEOC Chair Jacqueline A. Berrien stated in the Commission’s news release that: “The new guidance clarifies and updates the EEOC’s longstanding policy concerning the use of arrest and conviction records in employment, which will assist job seekers, employees, employers, and many other agency stakeholders.”
Among other topics, the guidance discusses:
- How an employer’s use of an individual’s criminal history in making employment decisions could violate the prohibition against employment discrimination under Title VII;
- Federal court decisions analyzing Title VII as applied to criminal record exclusions;
- The differences between the treatment of arrest records and conviction records;
- The applicability of disparate treatment and disparate impact analysis under Title VII;
- Compliance with other federal laws and/or regulations that restrict and/or prohibit the employment of individuals with certain criminal records; and
- Best practices for employers.
For more information including links to the enforcement guidance and Q&A: “EEOC Issues Enforcement Guidance” (April 25, 2012) at http://www.eeoc.gov/eeoc/newsroom/release/4-25-12.cfm.
This information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
