The charts highlight the changes between the current regulations and the new final rules. The VEVRAA chart is available at: http://www.dol.gov/ofccp/regs/compliance/vevraa.htm and the Section 503 chart is available at: http://www.dol.gov/ofccp/regs/compliance/section503.htm.
by Ahmed Younies Judge Roger Titus’ scathing opinion in EEOC v. Freeman 09-CV 2573 (D. MD August 9, 2013) is a lesson to any plaintiff, be it a government agency or an individual in how not to handle disparate impact cases. Factual and Procedural History of the Case Freeman (a nationwide convention, exhibition and corporate events…
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An Administrative Law Judge (ALJ) ruled against the OFCCP, granting VF Jeanswear Limited Partnership summary judgment in a disparate impact case. The OFCCP accused VF Jeanswear of engaging in employment practices having a disparate impact on “non-Asians”, violating Executive Order 11246 and federal regulations. The ALJ reasoned that “non-Asians” are not a “race” within the…
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By Ahmed Younies: Last month, the US Department of Labor (DOL)’s Office of Federal Contract Compliance Programs (OFCCP) settled an ongoing case against Tufts Associated Health Plans, Inc, involving allegations of retaliation against 12 Asian, Hispanic and African-American employees hired as a result of a prior Conciliation Agreement (CA). Under the July 2013 CA, Tufts has…
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Those familiar with Executive Order Number 11246, prohibiting employment discrimination based on race, color, religion, sex or national origin by federal contractors know that the OFCCP, (the enforcement agency) can and does award back pay to victims of discriminatory practices. Back pay (often referred to as “make whole relief”) is meant to make the victim(s)…
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OFCCP Compliance Checklist to be Audit-Ready