News & Analysis as of

Employment Discrimination Evidentiary Standards

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part IV: Could the ‘Background Circumstances’ Rule for Discrimination Be Primed for Supreme Court Review?

With high-profile challenges to employer diversity, equity, and inclusion (DEI) initiatives and “reverse discrimination” claims on the rise, a case reinforcing the circuit split over whether plaintiffs from a “majority” group...more

DirectEmployers Association

OFCCP’s Proposed NPRM Walks Backwards Promising Less Transparency in Audits and Unknown, But Different (to come), Evidentiary...

Contractors Will Not Like OFCCP’s Assault on Their Rights or OFCCP Interpretations of Title VII Law Requirements Changing Like the Weather - But This Will Happen as OFCCP Continues Its New March to be a Highly Politicized...more

DirectEmployers Association

OFCCP Week In Review: March 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

FordHarrison

OFCCP Proposes Dialing Back Transparency and Legal Thresholds in "PDN Rule"

FordHarrison on

On March 21, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a Notice of Proposed Rulemaking (NPRM) dialing back the level of transparency and evidentiary standards for issuing pre-enforcement notices...more

Foley & Lardner LLP

Seventh Circuit Ditches “Convincing Mosaic” Standard in Employment Cases

Foley & Lardner LLP on

In the past, we have counseled our clients on steps they can take to avoid creating a “convincing mosaic” of employment discrimination. The Seventh Circuit Court of Appeals first discussed the convincing mosaic of...more

CMCP - California Minority Counsel Program

Written Objections to Summary Judgment Evidence are Preserved for Appeal

On August 10, 2015, Governor Brown signed SB 470, codifying the holding in Reid v. Google, Inc. (2010) 50 Cal.4th 512, that evidentiary objections on motions for summary judgment are preserved on appeal whether or not the...more

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