Posts by Joanna Kim-Brunetti

OFCCP Issues Revised FAAP Directive

OFCCP Issues Revised FAAP Directive

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has released a revision to Directive 2013-01 to establish policies and procedures for requesting and maintaining Functional Affirmative Action Programs (FAAPs). FAAPs were introduced by OFCCP to provide contractors the ability to develop Affirmative Action Programs for a business unit as an alternative…

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EEOC Equal Pay Enforcement on the Rise

EEOC Equal Pay Enforcement on the Rise

The Equal Employment Opportunity Commission (EEOC) is not letting up on pay equity enforcement, as recent activity demonstrates. Two new gender-based discrimination lawsuits were filed by the federal agency in Maryland last month. In one of the cases, EEOC v Davis & Davis Enterprise, Inc., the federal agency alleges that a security guard firm pays…

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Law Firm Subject of Gender Pay Discrimination Lawsuit

Law Firm Subject of Gender Pay Discrimination Lawsuit

Even law firms and attorneys are not immune to equal pay issues. Six lawyers from Jones Day have filed a class-action lawsuit alleging an array of gender discrimination claims against the law firm, including pay discrimination, sexual harassment, and stifled advancement. Current plaintiffs and former employees Nilab Rahyar Tolton and Andrea Mazingo, in addition to…

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What to Do if the EEOC Receives a Charge of Discrimination Against Your Company

As momentum builds across the nation to end anti-discriminatory practices in the workplace, many companies may experience some anxious moments if they receive notice that a Charge of Discrimination has been filed with the Equal Employment Opportunity Commission (EEOC). Employees or former employees who feel that they have been discriminated against in the workplace are…

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EEO-1 Pay Data Reporting Deadline Confirmed [UPDATE]

EEO-1 Pay Data Reporting Deadline Confirmed

EEO-1 snapshots for pay data reporting for the 2017 and 2018 tax years will need to be submitted by September 30, 2019. The deadline was set in an order by a Washington D.C federal judge in April, with the pay reporting data periods confirmed by the U.S. Equal Employment Opportunity Commission (EEOC) last week. The…

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South Carolina Pay Equity Bill Under Consideration

South Carolina Pay Equity Bill Under Consideration

South Carolina state legislators are considering a bill that, if passed, would be the first to bolster all of the protections of the federal Equal Pay Act. The proposed bill, “An Act to Establish Pay Equity,” asserts that South Carolina has one of the largest pay gaps in the nation. A 2017 study from the…

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OFCCP Releases 2019 CSAL Schedule

OFCCP Releases 2019 CSAL Schedule

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has released a Corporate Scheduling Announcement List (CSAL) for the 2019 fiscal year for 3,500 establishments. This is the first time OFCCP issued the list only through the Freedom of Information Act (FOIA) library. Previously, OFCCP mailed individual corporate scheduling announcement letters (CSALs)…

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EEO-1 Pay Data Reporting Back in Play

EEO-1 Pay Data Reporting Back in Play

A federal judge in Washington D.C. has lifted the stay of The U.S. Office of Management and Budget’s (OMB ) stay on pay data requirements for EEO-1 reporting. The stay was lifted on March 4, 2019, putting employers in the awkward position to now have to report on pay data when submitting their EEO-1 reports…

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OFCCP Initiates a New Voluntary Compliance Program

Contractors Can Avoid Compliance Evaluations with VERP

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has issued Directive 2019-04, initiating a Voluntary Enterprise-wide Review Program (VERP) aimed at blending the OFCCP’s compliance evaluation and assistance activities with federal contractors’ own corporate compliance programs. The reward for voluntary participation is that VERP contractors will be excluded from the pool…

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OFCCP Lawsuit Against Oracle Highlights the Financial Risk of Not Complying with Equal Pay Regulations

OFCCP Lawsuit Against Oracle Highlights the Financial Risk of Not Complying with Equal Pay Regulations

The pay discrimination lawsuit filed by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFFCP) against tech giant Oracle is back in the news after the federal agency sought leave to file an amendment to the original complaint. At risk are $100 million in federal government contracts that the OFFCP is asking…

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2018 EEO-1 Reporting Deadlines Extended

2018 EEO-1 Reporting Deadlines Extended

The U.S. Equal Employment Opportunity Commission (EEOC) has postponed the opening of the online portal for EEO-1 Report until March 2019. In accordance with this delay, the filing deadline to submit an EEO-1 Report for the 2018 tax year has been extended to May 31, 2019. The data that needs to be provided as part…

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OFCCP Issues Contract Requirement Exemptions for Alaskan Earthquake and California Wildfires

OFCCP Issues Contract Requirement Exemptions for Alaskan Earthquake and California Wildfires

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFFCP) has issued additional temporary contracting requirement exemptions for new contracts following the aftermath of the Alaskan Earthquake and California Wildfires. The exemptions state that new federal contractors and subcontractors will be exempt from having to develop written affirmative action programs under Executive…

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OFCCP to Start New Ombud Service

OFCCP to Start New Ombud Service

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has released a new directive that creates an ombudsman service in an effort to facilitate the fair and equitable resolution of concerns raised by OFCCP’s external stakeholders. The new Directive 2018-09 addresses an issue raised in a 2016 GAO report, Equal Employment Opportunity: Strengthening…

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The OFCCP’s Directive 2018-07 Supports Affirmative Action

The U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP) has a new directive to ensure that federal contractors have prepared a written affirmative action program (AAP) and that the program is being updated annually. Directive 2018-07 establishes a program to ensure that federal contractors are complying with their AAP obligations. The OFCCP…

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Time to Take Payroll Snapshots for EEO-1 Reporting

Time to Take Payroll Snapshots for EEO-1 Reporting

In late 2017, the reporting deadline for providing the U.S. Equal Employment Opportunity Commission (EEOC) with annual EEO-1 data changed from September 30, 2017, to a new deadline of March 31, 2018. The EEO-1 report for 2018 payroll data is due on March 31, 2019. Now is the time to decide which pay period within…

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OFCCP Issues New Directive on Focused Contractor Reviews

OFCCP Issues New Directive on Focused Contractor Reviews

The Office of Federal Contract Compliance Programs (OFCCP) has issued Directive (DIR) 2018–04 to provide guidance for federal contractors on enforcement and compliance practices regarding upcoming focused contractor reviews for the 2019 fiscal year. OFCCP is in the process of implementing an initiative to conduct focused reviews on select groups affected by Executive Order 11246…

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New Jersey Issues New Equal Pay Forms and Instructions

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The state of New Jersey has issued two new pay equity reporting forms to be filed by any employer, regardless of location, that enters into a contract with a public body to provide qualifying services or public work. The Annual Equal Pay Report for Qualifying Services Other than Public Works Projects form applies to employers…

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OFCCP to Issue Compliance Evaluation Experience Survey

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The Office of Federal Contract Compliance Programs (OFCCP) appears to be on a mission in 2018 to improve its reputation with the federal contractors it regulates. The agency earlier this year issued a policy directive to increase transparency and communication about preliminary findings of discrimination in compliance evaluations of contractors. OFCCP announced last week that…

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OFCCP Directive Aims for Greater Transparency with Federal Contractors

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The Office of Federal Contract Compliance Programs (OFCCP) has issued its first policy directive of 2018, standardizing the use of Predetermination Notices (PDN) in an effort to increase transparency and communication about preliminary findings of discrimination in compliance evaluations of federal contractors. Under Directive 2018-01, OFCCP is instituting a uniform protocol for staff to use…

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2017 Survey Available for EEO-1 Report Due on March 31 [UPDATE]

The U.S. Equal Employment Opportunity Commission (EEOC) deadline is March 31 for submitting and certifying the new EEO-1 survey application for 2017 reporting. The 2017 EEO-1 report will require employers to submit new employment data on race, ethnicity, sex, by job category based on a payroll period in October, November or December 2017, chosen by…

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OFCCP Mailing Notices of Compliance Reviews for 2018

OFCCP Mailing Notices of Compliance Reviews for 2018

The Office of Federal Contract Compliance Programs (OFCCP) has mailed 1,000 corporate scheduling announcement letters (CSALs) to federal contractors and subcontractors. The CSALs are being sent to service and supply contractors this month to provide them with advance notice that they may be selected for an OFCCP compliance review. OFCCP mails the CSAL to the…

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Study Shows Pervasiveness of Gender Pay Discrimination

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Gender discrimination in the workplace is not a new topic. What is new is that more and more people are talking about it. These days it seems that the news cycle is filled with stories about gender discrimination in the workplace. From issues with pay and promotion to sexual harassment, the problems are spread across…

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Expect More Salary History Bans in 2018

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The issue of equal pay and pay protections for women and minorities has been gaining momentum. In the past few months, new pay equity laws went into effect in various parts of the country. More are expected to follow in 2018. In New York State, the Albany County Legislature unanimously passed a salary history ban…

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Federal Court Ruling Extends Title VII Protections to Gay and Transgender Employees

Federal Court Ruling Extends Title VII Protections to Gay and Transgender Employees

The U.S. Equal Employment Opportunity Commission (EEOC) has struck a noteworthy win for its anti-discrimination efforts in the workplace on behalf of gay and transgender individuals. In a case that was initially filed with U.S. District Court for the Western District of Pennsylvania in March 2016, a federal judge directed a Pittsburgh-area medical clinic to…

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Recent Decision May Require Greater Transparency from OFFCP

Recent Decision May Require Greater Transparency from OFFCP

A recent administration ruling involving an Office of Federal Contract Compliance Programs (OFCCP) investigation into Oracle may result in greater transparency around the agency’s actions when investigating discrimination claims. The OFCCP filed a complaint against Oracle in January claiming that it had a systemic practice of paying Caucasian male workers more than their counterparts in…

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Google Fends Off Allegations of Pay Discrimination, For Now

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Google has fended off a lawsuit claiming that women employees at the company are paid less than their male counterparts. A California Superior Court judge dismissed the lawsuit filed by three former female former employees on behalf of women employed by Google in California over the past four years because the complaint was too broad.…

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The First OFCCP Complaint of 2017 Provides Little Insight

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Businesses continue to watch for signs of changes in how regulators under the Trump administration will enforce compliance. According to testimony before Congress in October by Commerce Secretary Wilber Ross, as reported by The Washington Times, the administration had removed 860 rules and regulations since taking office. More changes are expected. It was recently revealed…

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Uber UK Case Highlights Possible Issues for U.S. Employers

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Uber’s longstanding conflicts surrounding driver classification have not only affected the workforce in the United States, but also in the United Kingdom .. It’s become an example of how far-reaching employee classifications can stretch throughout the gig economy. A UK case involving Uber may shed light on what could soon become the norm in the…

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EEOC Complaints A Click Away Thanks to New Online Portal

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The U.S. Equal Employment Opportunity Commission (EEOC) has entered the digital age with a new online portal that allows individuals to submit online initial inquiries and requests for intake interviews with the agency, the first steps for individuals seeking to file a charge of discrimination with EEOC The new EEOC public portal provides individuals the…

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Is Massachusetts Prepared for the State’s Equal Pay Act?

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The Massachusetts Equal Pay Act (MEPA) will go into effect on July 1, 2018, almost two years to the day when the bipartisan pay equity bill was passed. The bill is meant to ensure equal pay for comparable work for all Massachusetts workers and equal opportunities to earn competitive salaries in the workplace. While July…

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OFCCP Pay Equity Enforcement Effort Leads to Multimillion Dollar Settlement

OFCCP’s Crackdown Shows Multi-Million Dollar Settlement for Pay Inequity.

The Office of Federal Contract Compliance Programs (OFCCP) has been aggressively conducting audits of federal contractors and subcontractors investigating pay inequity practices by those companies. The agency’s latest settlement is one of the largest yet under this effort. OFCCP found Boston-based asset management company State Street Corporation in violation of pay equity laws. State Street…

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The Waiting Game: GrubHub Lawsuit Leaves Gig Economy In Knots

We’ve watched as numerous Uber lawsuits have surfaced, where lines are blurred as to how workers are classified when they are part of an on demand mobile app. The summer brought yet another lawsuit over worker misclassification. GrubHub found itself in court when a former driver, Raef Lawson, used the company alleging that he was…

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Latest LabCorp Settlement With OFCCP Shows Gender Bias In Hiring Process

Laboratory Corporation of America, the leading health care diagnostics company, recently paid $200,000 in a settlement with the Office of Federal Contract Compliance Programs (OFCCP) over gender bias in hiring practices and compensation. The OFCCP found that LabCorp’s hiring process for lab assistants had a gender bias against female applicants. In addition, OFFCP found that…

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EEO-1 Form Revisions Remain A Point of Contention

Are The EEO-1 Form Revision Stays A Conspiracy?

The White House Office of Management and Budget (OMB) put the new summary pay data requirements on hold in August, and many Democrats and equal pay advocates are expressing their displeasure. It was nearly a year ago that the Equal Employment Opportunity Commission (EEOC) advised in its final revisions to the new EEO-1 Form, fields…

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Salary History Inquiry Ban Trending in the U.S.

The Salary History Inquiry Ban Is Gaining Momentum. Will It Go Nationwide?

When it comes to the application process, for many prospective employees it all comes down to pay. For years, the common practice for employers was to gauge their future employee’s salary based on their previous salary history in other jobs. However, as changes in the scope of work and length of time on the job…

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