Judge Orders EEOC to Reconsider Wellness Rules

Posted by Cheryl Boyer, SPHR, SHRM-SCP, Vice President of Client Services on August 31 2017

On August 22, 2017, a federal judge in the District of Columbia ordered the Equal Employment Opportunities Commission (EEOC) to reconsider its rules regarding Employer Wellness Program incentives as they relate to compliance with the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).

OMB Suspends Revisions—Current EEO-1 Format Must be Filed by March 31, 2018

Posted by Cheryl Boyer, SPHR, SHRM-SCP, Vice President of Client Services on August 30 2017

The Office of Management and Budget (OMB), in consultation with the Equal Employment Opportunity Commission (EEOC), has decided to initiate a review and stay of the revision to the EEO-1 that was previously approved for implementation. The revision would have required employers with 100 or more employees to add wages and hours, along with race/ethnicity and gender, to the EEO-1 report. The 2017 report was to be filed by March 31, 2018.

OFCCP issues a Consent Decree for B&H Foto & Electronics Corp.

Posted by Liz Balconi, PHR, SHRM-CP, M.A., Managing Consultant on August 24 2017

On August 11, 2017, Office of Federal Contract Compliance Programs (OFCCP) issued a consent decree for B&H Foto & Electronics Corp. to resolve allegations of hiring, compensation, and promotion discrimination. What is a consent decree? It is an agreement or settlement to resolve a dispute between two parties—in this case between OFCCP and B&H Foto—without an admission of liability or guilt.  

EEOC vs. CSX Transportation: Claims of Company-Wide Discrimination

Posted by Michiko Clark, Associate HR Consultant on August 24 2017

The Equal Employment Opportunity Commission (EEOC) has filed a suit against CSX Transportation stating the company has created discriminatory barriers for women seeking jobs with the company. Since 2008, CSX Transportation has used an isokinetic strength test known as the IPCS Biodex as a requirement for workers to be selected for various positions. This test measures the upper and lower body muscle strength of workers. The EEOC has found that women have passed this test at a lower rate than their male counterparts and alleges a discriminatory impact on females that were seeking positions such as Conductors, Material Handlers/Clerks, as well as various other positions.

The Eclipse Cast a Light Over Berkshire Associates in Columbia, MD

Posted by January Mallory on August 21 2017

On Monday, August 21 a t about 2:45 p.m., Berkshire employees took a break from working to view the 2017 Solar Eclipse. This highly anticipated solar show was tracked all over the U.S. and Berkshire wanted in on the action. Although we did not experience complete darkness here in Columbia, the moons coverage was a must see.

OFCCP Announces Compliance Assistance Town Hall Meetings

Posted by Cheryl Boyer, SPHR, SHRM-SCP, Vice President of Client Services on August 18 2017

At this year’s Industry Liaison Group (ILG) National Conference, Tom Dowd, Acting Office of Federal Contract Compliance Programs (OFCCP) Director, talked about the Agency’s desire to work more collaboratively with federal contractors and to provide better compliance assistance.

Is Your Company in a State or Locality that Prevents You from Asking Applicants for Salary History?

Posted by Michiko Clark, Associate HR Consultant on August 14 2017

In an effort to address pay inequalities, several states and localities have taken recent steps to bridge this gap by amending or updating their pay equity laws. One measure that is trending amongst state and local governments is the proposed legislation that prohibits employers from requesting salary histories from job applicants. In the past year or so, Massachusetts, Oregon, Puerto Rico, Philadelphia, New York City, Delaware, and most recently San Francisco, have all passed laws that prohibit or limit organizations from requesting salary history from an applicant and/or using the applicant’s prior salary history to determine their starting pay. Let’s take a quick look at the specifics for a few these states and cities that have recently passed this type of legislation.

EEOC Delivers $2 Million Consent Decree to UPS

Posted by Cindy Karrow, SPHR, SHRM-SCP, Senior HR Consultant on August 11 2017

United Parcel Service (UPS) has agreed to settle a nationwide lawsuit filed in 2009 by the Equal Employment Opportunity Commission (EEOC). The settlement agreement will pay $2 million to approximately 70 current and former UPS employees who were alleged victims of disability discrimination. Read the EEOC Press Release issued August 8, 2017.

Best Practices: Applicant Disposition Codes

Posted by Stephanie Meyers, Associate HR Consultant on August 9 2017

Applicant Disposition codes are one factor that can potentially “make or break” Affirmative Action Plan (AAP) data. As a best practice, we recommend having detailed disposition codes that include two pieces of information for each candidate—the step and status.

Daniel M. Gade Nominated for Final EEOC Commissioner Seat

Posted by Cindy Karrow, SPHR, SHRM-SCP, Senior HR Consultant on August 8 2017

Daniel M. Gade was nominated on July 31, 2017, to fill one of two current vacancies on the Equal Employment Opportunity Commission (EEOC). Gade graduated from the U.S. Military Academy at West Point in 1997. He served as a company commander and was wounded twice during his service, earning the Army Commendation Medal for Valor.