DE Talk | If It’s Not in Writing, It Never Happened: Applicant Tracking & Recordkeeping Strategies to Ensure OFCCP Compliance
Work This Way: A Labor & Employment Law Podcast - Episode 26: Compensation Compliance with Joan Moore and Mim Munzel of The Arbor Consulting Group
DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools
DE Under 3: Retirement of “Chevron Doctrine” Exposed Vulnerability of OFCCP’s Overreaching Interpretations of Some of its Rules
DE Under 3: OFCCP Must Shut Down its Administrative Court Prosecutions as a Result of SCOTUS’ SEC Jury Trial Case Decision
DE Under 3: OFCCP’s New Revisions & Additions to its Construction Contractor Compliance Audit Tools
DE Under 3: OFCCP VEVRAA Guidance Clarifies Protected Veteran “Benchmark for hiring” is Not a Hard Number Quota
DE Under 3: OFCCP Changes Up Important Technical Details of its Audit Selection Process in First FY 2024 CSAL
DE Under 3: EEOC’s Settlement with the SSA is a Cautionary Tale for Private Sector Employers & Federal Government Contractors
DE Under 3: Contractors Have Second Opportunity to Comment on OFCCP’s Supply & Service Contractor Portal Information Collection
Work This Way: A Labor & Employment Law Podcast | Episode 17: Federal Contractor Fundamentals with Joan Moore and Mim Munzel of The Arbor Consulting Group, Part 2
DE Under 3: New OFCCP AI Guidance Misstates Adverse Impact Law Portending Much Coming Friction with Federal Contractors
Work This Way: A Labor & Employment Law Podcast | Episode 16: Federal Contractors with Joan Moore and Mim Munzel of The Arbor Consulting Group, Part 1
DE Under 3: An Explanation of the Current Federal Budget Bill Confusion
DE Under 3: Biden "Hits the Brakes" on Non-Defense Discretionary Budgets for Federal Agencies in FY 2025 Budget Proposal
DE Under 3: Big Budget Opponents Again Stop a Final Federal FY 2024 Budget, Congress Keeps Agency Spending to FY 2023 Levels
DE Under 3: OFCCP Resurrects Proposal for Monthly CC-257 Employment Utilization Reports for Construction Contractors
DE Under 3: FAR Council's Latest Proposed Rule & OFCCP's 10 New FAQs on Compensation History
DE Under 3: Conservative Activist Group Filed OFCCP Complaints, Alleging Major Airlines' DEI Programs Violated Federal Contracts
DE Under 3: FAR Council Submitted for OMB Approval Proposed Rule on “Pay Equity and Transparency in Federal Contracting”
Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of...more
The Equal Employment Opportunity Commission (EEOC) recently extracted a multi-million dollar settlement from the Social Security Administration (SSA) for claims of pay disparities based on race....more
Monday, May 13, 2024: Coalition of 18 Republican States’ Attorney Generals Filed Suit to Challenge EEOC’s Harassment Guidance - A coalition of 18 Republican state attorney generals (“AGs”), led by Tennessee Attorney...more
Monday, August 14, 2023: U.S. Justice & Education Departments Issued Joint Resources on Lawfully Advancing DEI Following Supreme Court’s University Admissions Decision - The U.S. Departments of Justice (“DOJ”) and Education...more
On June 29, 2023, the United States Supreme Court found affirmative action in the college admissions programs of two well-known universities to be unconstitutional. Despite the opinion only addressing two specific college...more
On March 31, the Office of Federal Contract Compliance Programs (OFCCP) rescinded a Trump Administration rule that provided a faith-based carve-out exempting federal contractors from compliance with certain...more
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
The Office of Federal Contract Compliance Programs (“OFCCP”) recently issued new FAQ guidance on how federal government contractors should treat non-binary employees (i.e., those who do not exclusively identify as either male...more
On June 15, 2020, the U.S. Supreme Court ruled that refusing to hire, firing, or otherwise subjecting an individual to workplace discrimination because of sexual orientation or gender identity is the equivalent of...more
This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more
This blog was originally published on July 2, 2019 and revised to include new additional information. Background: Both biology and culture have overtaken the historically simple “binary” reporting systems of the biologically...more
As 2019 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health...more
Seyfarth Synopsis: Google’s recent travails with simultaneous traditional and “reverse” discrimination claims signal a new era of dynamic employment discrimination risk. Employers will be wise to consider the push and pull...more
Dear Littler: I work in HR at a large, California-based company with branches across the country. We pride ourselves on our diverse and inclusive workforce, and encourage employees to self-identify their race/ethnicity and...more
It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more
Quick Hit: The Office of Federal Contractor Compliance Programs (“OFCCP”) is seeking to establish two new contractor recognition programs, which would promote contractors with sound compliance programs and provide temporary...more
It’s been a while since I’ve picked on an advice columnist for leading readers astray on employment law, but we have one, from the usually-sound Work Advice column by Karla Miller of The Washington Post. The letter writer...more
Seyfarth Synopsis: For a multitude of reasons, the stakes are exceedingly high for employers in the upcoming Presidential election. Legal compliance strategies and effective control of workplace litigation risks inevitably...more
As employers are learning about the many trends and changes that are bringing pay equity issues to the fore, they are asking questions regarding what they can do to protect themselves from potential liability. This article...more
On June 14, 2016, the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) published its updated sex discrimination rule for federal contractors and subcontractors. The Final Rule, "Discrimination on...more
On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to...more
Leyth Jamal, a former employee of the upscale retailer Saks, claims that she was discriminated against because of her transgender status. Jamal v. Saks & Company has sparked a heated debate over whether transgender...more