When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
12/4/2023
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Acquisitions ,
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It’s been nearly two months since the Supreme Court struck down affirmative action in college admissions – and many employers are still wondering whether their workplace Diversity, Equity & Inclusion programs are still legal...more
9/21/2023
/ Affirmative Action ,
College Admissions ,
Diversity ,
Employer Liability Issues ,
Equal Protection ,
Fourteenth Amendment ,
Hiring & Firing ,
Job Applicants ,
Race Discrimination ,
Recruitment Policies ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
Construction employers should be mindful of the federal government’s renewed focus on combatting discrimination and harassment in the industry. A recent report from the Equal Employment Opportunity Commission (EEOC)...more
9/8/2023
/ Affirmative Action ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Construction Industry ,
Construction Workers ,
Department of Labor (DOL) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
General Contractors ,
Good Faith ,
OFCCP ,
Pay Transparency ,
Retaliation ,
Subcontractors
The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced on August 25 that it has updated its Supply and Service Scheduling Letter and Itemized Listing – also known as its scheduling letter –...more
The federal agency overseeing affirmative action and federal contract compliance is about to adjust the way it audits federal contractors and conciliates disputes over alleged discriminatory practices – and it might mean a...more
Colleges and universities can still take steps to foster diverse and inclusive campuses — even after the Supreme Court’s decision severely limiting race-conscious admissions in education, according to the latest guidance from...more
8/25/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Dear Colleague Letter ,
Department of Education ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Universities
The Supreme Court recently cracked down on the use of “race-conscious” admissions for academic institutions, mostly blocking them from considering race as part of a holistic evaluation of prospective students. What does this...more
7/11/2023
/ Affirmative Action ,
Diversity ,
Equal Protection ,
Federal Contractors ,
Fourteenth Amendment ,
OFCCP ,
Race Discrimination ,
Regulatory Requirements ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
While employers may not be directly impacted by yesterday’s SCOTUS decision blocking affirmative action in education admissions, the new standard will likely have big ripple effects on the world of workplace law before long —...more
6/30/2023
/ Affirmative Action ,
College Admissions ,
Diversity ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Protection ,
Fourteenth Amendment ,
Hiring & Firing ,
Job Applicants ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
The Supreme Court just severely restricted higher educational institutions from using race or ethnicity as part of their admissions process, curbing the practice of using affirmative action principles during admissions for...more
6/30/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Universities
The agency that oversees affirmative action obligations for federal contractors just released its 2023 Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark. Effective March 31, the new benchmark is...more
For the second year in a row, federal contractor and subcontractors will have to certify that their affirmative action plans are compliant with federal requirements. This week, the Office of Federal Contract Compliance...more
The federal agency that oversees federal contractors and affirmative action programs just announced it would rescind a Trump-era rule that had expanded the scope of long-standing religious exemption principles it had utilized...more
Federal officials announced that they have decided once again to extend the deadline for federal contractors to submit objections to the proposed disclosure of sensitive employee demographic data – and are providing you one...more
In what seems like a nod to Groundhog Day, the Office of Federal Contract Compliance Programs (OFCCP) announced Thursday it is once again allowing federal contractors an opportunity to object to the release of sensitive...more
The Office of Federal Contract Compliance Programs (OFCCP) just released its 2023 Corporate Scheduling Announcement List (CSAL), which notifies 500 supply and service establishments that they have been selected for an...more
The United States Supreme Court is poised to decide the future of race-conscious admissions in higher education – and potentially alter the landscape of affirmative action in education across the country. At issue in two...more
1/12/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Oral Argument ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Universities
It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all:
- At the start of 2020, no one could have predicted COVID-19.
- None of us had heard the phrase...more
11/1/2022
/ Affirmative Action ,
Background Checks ,
Blockchain ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Governance ,
Cryptocurrency ,
Cybersecurity ,
Data Security ,
Employee Benefits ,
Employee Privacy Rights ,
Employee Retention ,
Employer Liability Issues ,
Employment Policies ,
Fair Credit Reporting Act (FCRA) ,
Federal Contractors ,
Gig Economy ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
Leave of Absence ,
Pay Equity Laws ,
Reasonable Accommodation ,
Trade Secrets ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
When government officials released new guidance last week explaining how they will evaluate federal contractors’ compliance with new compensation analysis obligations, they calmed the nerves of the contractor community by...more
The federal agency that oversees federal contractor affirmative action programs recently took several big steps towards streamlining employer audits – and that means it’s time for you to make sure you have your ducks in a row...more
Beware the Ides of March, as they say. On March 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) released Directive 2022-01, which, according to the agency, aims to clarify OFCCP’s perceived authority to...more
Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more
2/17/2022
/ Affirmative Action ,
Artificial Intelligence ,
Automation Systems ,
Corporate Governance ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
EEO-1 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Environmental Social & Governance (ESG) ,
Federal Contractors ,
Greenhouse Gas Emissions ,
Hiring & Firing ,
Indictments ,
Infrastructure ,
Labor Shortage ,
Manufacturers ,
Minors ,
Misclassification ,
No-Poaching ,
Remote Working ,
Sustainability ,
Wage and Hour ,
Whistleblowers
Federal officials just announced that supply and service federal contractors and subcontractors who meet the designated jurisdiction thresholds for creation and maintenance of Affirmative Action Plans (AAPs) will soon need to...more
Given the tumultuous news that occupied all of our attentions last week, you may have missed the announcement that President-elect Biden has nominated Boston Mayor Marty Walsh to be the next Secretary of Labor – the first...more
1/11/2021
/ Affirmative Action ,
Department of Labor (DOL) ,
Equal Pay ,
Foreign Workers ,
Immigration Procedures ,
Independent Contractors ,
Joint Employers ,
Paid Leave ,
Pay Equity Laws ,
Presidential Nominations ,
Secretary of Labor ,
Wage and Hour ,
Workplace Safety
In keeping with the promise to make the agency more transparent, the Office of Federal Contract Compliance Programs just released a list of over 2,000 federal contractors that will be soon subject to compliance reviews. By...more
Just in time for Independence Day, the government agency overseeing affirmative action requirements for federal contractors declared that healthcare providers who participate in TRICARE – the federal health care program...more