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. 

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.

Designing Job Groups for Affirmative Action Plans

Posted by Lauren Buerger on February 16 2017

A core component of a federal contractor’s affirmative action plan (AAP) is the creation of a job group structure. Office of Federal Contract Compliance Program’s (OFCCP) regulations state the “job group analysis is a method of combining job titles within the contractor’s establishment” (41 CFR 60-2.12). However, what does this mean? What is the best way to do this? Why does this matter?

OFCCP Reaches $2.7 Million Settlement with California Tech Company Over Hiring Practices

Posted by Liz Balconi, PHR, SHRM-CP, M.A., Managing Consultant on February 10 2017

Office of Federal Contract Compliance Programs (OFCCP) has struck hard against California’s high tech industry again, this time quietly settling hiring discrimination claims against California technology company—Splunk Inc., located in San Francisco, California. The $2.7 million settlement resolves claims by the agency that Splunk Inc. selected Asians and African Americans applicants less often for certain Technical and Administrative Professional positions. This case follows OFCCP’s recent high profile lawsuits against Palantir Technologies, in which OFCCP alleged the company’s hiring practices disproportionately excluded Asians, and Oracle America Inc., in which OFCCP alleged that the company disproportionately favored Asians, specifically Asians of Indian descent, when hiring.

President Trump Signs Executive Order Limiting New Regulations—Order Now Being Challenged in Court

Posted by Brian LaCour on February 10 2017

On January 30, 2017, the Trump Administration released its Executive Order (EO), “Reducing Regulation and Controlling Regulatory Costs,” an EO intended to cut regulations by removing two existing regulations for each new regulation enacted. The EO intends to “manage the costs associated with the governmental imposition of private expenditures required to comply with federal regulations” through gradual attrition of regulation:

OFCCP Resolves Pay Discrimination Claims Against Florida Contractor

Posted by Liz Balconi, PHR, SHRM-CP, M.A., Managing Consultant on February 10 2017

Office of Federal Contract Compliance Programs (OFCCP) recently entered into a conciliation agreement with Crossmatch Technologies in Palm Gardens, Florida to resolve allegations of pay discrimination. As has been the case with other recent conciliation agreements, OFCCP did not issue a press release regarding this resolution. The conciliation agreement follows OFCCP’s recent filing of two administrative lawsuits alleging pay discrimination against Oracle America Inc. and JPMorgan Chase & Co. and is a good reminder pay discrimination continues to be an enforcement priority for OFCCP.

Looking into the Crystal Ball: Predictions for Federal Contractors in 2017

Posted by Sonia Chapin, SPHR, SHRM-SCP on February 1 2017

Now that the transfer of power has taken place in Washington, D.C., the only certainty the Federal government contractor community can count on is change. For OFCCP and DOL watchers, the extent of that change and the areas where it will be concentrated is up for debate, so we have summarized a few fearless predictions about what may come in the new year.