Complaint Alleges Aggressive, Reaching EEOC Investigations

We’ve previously written that the EEOC appears to be converting allegations of individual claims into nationwide, systemic discrimination investigations and we have yet another example to share with you. According to a recently filed complaint, EEOC is alleged to have engaged in “fishing expeditions” searching for potential class members and complaints of discrimination by directly emailing employees of a company engaged in a complaint investigation with … Continue reading Complaint Alleges Aggressive, Reaching EEOC Investigations
August 14, 2013

“Not So Fast” … Maryland District Court Dismisses EEOC Criminal Background Check Lawsuit

In an opinion released last Friday, the District Court of Maryland granted summary judgment dismissing EEOC’s disparate impact criminal background/credit background lawsuit against the face-to-face marketing services company, Freeman.  This is the second high-profile criminal background back ground case in which EEOC has suffered a significant setback since the April 2012 issuance of the Agency’s … Continue reading “Not So Fast” … Maryland District Court Dismisses EEOC Criminal Background Check Lawsuit
August 12, 2013

“Houston We Have a Problem”: VETS-100/A Filing System Experiencing Technical Difficulties

We’ve learned that the VETS-100 and VETS-100A filing systems are currently down, and unable to accept submissions.   VETS hopes to resolve the issue shortly and suggests “checking back periodically” for updates.  Last year, technical difficulties with the VETS reporting system ultimately led to postponements of the filing deadline.  Obviously VETS hopes to avoid any postponements this … Continue reading “Houston We Have a Problem”: VETS-100/A Filing System Experiencing Technical Difficulties
August 8, 2013

Court Holds Adverse Impact Against “All Others” Doesn’t Count

As we have written previously, OFCCP continues to focus its investigations on adverse impact in hiring.  This week, one employer received good news in response to its challenge of an Agency finding. On Monday, a Department of Labor Administrative Law Judge issued a ruling that limited the OFCCP’s approach to investigating and establishing racial discrimination among subminorities.  In … Continue reading Court Holds Adverse Impact Against “All Others” Doesn’t Count
August 7, 2013

They’re Getting Closer . . . OFCCP Sends Proposed Veterans and Disabled Regulations to OMB

Speculation has been swirling around the release date for OFCCP’s revised Veterans and Individuals with Disabilities regulations.  While the regulations will not be finished in July as OFCCP had intimated, the Agency did take the next crucial step on July 30 and 31 by submitting them for Office of Management and Budget (“OMB”) approval.  As … Continue reading They’re Getting Closer . . . OFCCP Sends Proposed Veterans and Disabled Regulations to OMB
August 1, 2013

Its Not Over Yet – Florida Hospital Case Remanded for Further Assessment of OFCCP’s Jurisdiction

As we reported last week, an en banc ARB panel, granting OFCCP’s Motion for Reconsideration, ruled OFCCP could assert jurisdiction over Florida Hospital based on the first prong of the defintion of subcontract in the regulations.  The Court, however, has acknowledged that OFCCP may nevertheless be barred from asserting jurisdiction over Florida Hospital if the payments the hospital receives pursuant … Continue reading Its Not Over Yet – Florida Hospital Case Remanded for Further Assessment of OFCCP’s Jurisdiction
July 31, 2013

En Banc ARB Panel Holds Florida Hospital is Still Subject to OFCCP Jurisdiction Despite Passage of NDAA

In an opinion released today, the en banc ARB panel tasked with reviewing last years’s ARB plurality decision  – which held Florida Hospital was not subject to OFCCP jursidiction after passage of the NDAA (National Defense Authorization Act) – has found Florida Hospital is still subject to OFCCP jursidiction based on application of the first prong of the … Continue reading En Banc ARB Panel Holds Florida Hospital is Still Subject to OFCCP Jurisdiction Despite Passage of NDAA
July 26, 2013

DOL Secretary Perez Seeks Collaboration Among Stakeholders

On his first day in office after being sworn in as the new DOL Secretary, Thomas Perez wasted no time blogging about his aspirations for creating “more opportunity for more people.”  The best way to promote opportunity, he says, “is through collaboration, consensus-building and pragmatic problem-solving.”  It will be interesting to see how Secretary Perez … Continue reading DOL Secretary Perez Seeks Collaboration Among Stakeholders
July 25, 2013

OFCCP Briefly Posts CSAL Lists Online

As we first reported last summer, OFCCP has been contemplating publishing the advance notification list of employer’s and their facilities selected for upcoming compliance reviews via the web.  It came to our attention yesterday that these lists were available on OFCCP’s website – without any prior notification from the Agency.   However, as it turns out, … Continue reading OFCCP Briefly Posts CSAL Lists Online
July 19, 2013

Thomas Perez Confirmed as Next Department of Labor Secretary

Earlier today, the U.S. Senate voted to confirm Thomas Perez as Secretary of the Department of Labor, filling the vacancy left by Hilda Solis’ resignation earlier this year.  As we foreshadowed, Perez’s nomination was the subject of pointed scrutiny and his confirmation today was not without controversy as the party-line vote to confirm Perez was … Continue reading Thomas Perez Confirmed as Next Department of Labor Secretary
July 18, 2013

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