OFCCP Resolves Hiring Discrimination Claims Against Compass Group USA, Inc.

Posted by Rachel Rubino, MS, SPHR, SHRM-SCP on March 24 2017

Office of Federal Contract Compliance (OFCCP) recently entered into a conciliation agreement with Compass Group USA to settle allegations that the foodservice and support services company discriminated against African American applicants for Service Worker positions at its Mobile, AL facility. The agency alleges the contractor’s selection process had an adverse impact on the hiring of African Americans in the Service Worker position, and African Americans were also held to a stricter standard than White applicants. The conciliation agreement states OFCCP made this determination using a logistic regression taking into account preferred qualifications, such as high school or GED and related experience.

OFCCP Reaches Pay Discrimination Settlement with Another Federal Contractor

Posted by Rachel Rubino, MS, SPHR, SHRM-SCP on March 23 2017

In March 2017 the Office of Federal Contract Compliance (OFCCP) entered into a conciliation agreement with Land O’ Lakes to settle allegations of compensation discrimination against female Livestock Production Specialists that arose from a compliance evaluation initiated in May 2009. These positions are responsible for selling feed and related products, and OFCCP alleges that the disparity in pay was caused by discriminatory duty assignments, sales incentive pay programs, and pay increases that negatively affected females.

Recorded Webinar: Closing the Gap: Strategies for Managing Pay Equity

Posted by Carla Pittman, Senior Manager, Berkshire Associates on March 17 2017

Whether it’s OFCCP or EEOC enforcement efforts, or other internal or external pressures, companies today need sound practices to prevent pay-related issues in the workplace. This webinar offers guidance on the analysis of compensation data and tips on how to employ best practices in fair pay. Berkshire’s pay equity expert, Michele Whitehead also discusses steps companies can take to correct inequities. 

OFCCP Quietly Resolves Hiring Discrimination Claims Against Total Minorities

Posted by Rachel Rubino, MS, SPHR, SHRM-SCP on March 16 2017

In February 2017 Office of Federal Contract Compliance (OFCCP) entered into a conciliation agreement with Oil States Skagit SMATCO, LLC to settle allegations of discrimination against minority applicants for mechanic positions at the offshore equipment and service provider’s Houma, LA location. Specifically, OFCCP’s analysis found adverse impact against minority applicants for the company’s Mechanic I job title during the timeframe of August 2011 through April 2013. OFCCP also maintained that Oil States Skagit SMATCO, LLC did not maintain all handwritten notes created by hiring managers during the interview process, which is part of the contractor’s affirmative action obligations. The conciliation agreement also detailed violations of failing to set a placement goal, and not listing job openings with the state workforce agency of local employment service delivery system.

Supreme Court Remands Transgender Student Case to Lower Court

Posted by Tricia Estacio on March 10 2017

The court case involving Gavin Grimm, a transgender student from Virginia, was sent back to a lower court by the Supreme Court on Monday, March 6, 2017. The focal point of this case is whether schools must allow students to use the bathroom that fits a student’s gender identity.

International Women’s Day 2017 - Go Beyond Compliance

Posted by Carla Pittman, Senior Manager, Berkshire Associates on March 8 2017

Today, March 8, is International Women’s Day. Since the early 1900’s, every year, International Women’s Day calls on individuals, governments, and companies to “be bold for change,” and forge a better working world by closing the gender gap. This day marks a call to action to close disparities in hiring, pay, promotions, and in executive leadership.

As a consulting firm that supports companies' efforts in equal employment opportunity, Berkshire would be remiss not to mention the importance of Executive Order 11246, and the laws that seek to advance gender parity in the workplace. 

Congress Asks President Trump to Nix Blacklisting Rules

Posted by Lynn A. Clements, Director, Regulatory Affairs on March 8 2017

The Senate and House passed a joint resolution under the Congressional Review Act disapproving the FAR Council regulations implementing President Obama’s 2014 Executive Order 13673: Fair Pay and Safe Workplaces, often called the “blacklisting” executive order.

The resolution now heads to the White House, where it is expected to be signed by President Trump. The president’s signature would effectively terminate implementation of these controversial rules. 

OFCCP Revises Pay Transparency Nondiscrimination Posting

Posted by Lynn A. Clements, Director, Regulatory Affairs on March 3 2017

Office of Federal Contract Compliance Programs (OFCCP) has updated the required posting that federal contractors and subcontractors must use to notify applicants and employees of their right to discuss wages. The notice requirements apply to federal contracts and subcontracts that are covered by Executive Order 11246 and entered into or modified on or after January 11, 2016.

Acting Solicitor of Labor Named

Posted by Lynn A. Clements, Director, Regulatory Affairs on March 1 2017

The Trump Administration has appointed Nicholas Geale as the acting Solicitor for the Department of Labor (DOL). The Solicitor of Labor serves as the internal counsel for the DOL, representing DOL agencies such as the Office of Federal Contract Compliance Programs (OFCCP) and the Wage and Hour Division in administrative lawsuits and other litigation. The Solicitor’s office has played a key role in OFCCP compliance evaluations in recent years, with earlier and more active involvement being more common than in the past.

NEWS ALERT: OFCCP Issues New Round of Advance Notices of Upcoming Audits

Posted by Beth Ronnenburg, SPHR, SHRM-SCP, President on February 22 2017

Office of Federal Contract Compliance Programs has issued a new set of Corporate Scheduling Announcement Letters (CSAL). The notices provide selected contractors with advance notice their establishment has been chosen to undergo a compliance evaluation as part of a scheduling list generated from the OFCCP’s Federal Contractor Selection System (FCSS). The FCSS is the primary way supply and service contractors are selected for review by the agency. Audits can also be initiated because of a complaint, a directed review, a contract award notice, or as part of the agency’s Functional Affirmative Action Plan (FAAP) initiative.