Full Ninth Circuit to Revisit Recent Panel Decision Finding that Employers Could Consider Prior Salary in Certain Circumstances

Posted by Brian LaCour on September 14 2017

It looks like the skepticism of employers relying on previous wage history is not limited to the Office of Federal Contract Compliance Programs (OFCCP). The Ninth Circuit has decided to rehear a case, AILEEN RIZO v. JIM YOVINO, en banc. The case involves alleged pay discrimination against a female employee of Fresno County Office of Education (FCOE).

The Department of Labor Announces Actions in Response to Hurricane Harvey

Posted by Berkshire Associates on September 1 2017

The Department of Labor has announced several actions it is taking in light of the devastation caused by Hurricane Harvey, including exemption and waivers of some provisions of Affirmative Action regulations for contracts entered into to provide Hurricane Harvey relief.

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.  

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.

Google OFCCP Audit—What You Can Learn from the Largest Open Audit in the Pacific Region

Posted by Andrea Csordas, SPHR, SHRM-CP on August 3 2017

The recent Administrative Law decision between the Office of Federal Contract Compliance Programs (OFCCP) and Google alleging denial of access sparked an interesting discussion about the “establishment” that was selected for review. Contractors with large campus headquarters, or multiple establishments near each other similar to Google, may want to consider the alternative Affirmative Action Plan (AAP) structures suggested in the decision.

OFCCP Midwest Region Contractors: Are You Ready for an OFCCP Audit?

Posted by Liz Balconi, PHR, SHRM-CP, M.A., Managing Consultant on June 30 2017

If you are a federal contractor or subcontractor in the following states: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, Ohio, and Wisconsin, you will want to watch your mailbox for a letter from the Office of Federal Contract Compliance Program (OFCCP) to schedule an audit. It appears that OFCCP’s Midwest regional offices are actively scheduling more reviews than any other Regional OFCCP office.

OFCCP Settles Hiring Discrimination Claims with KPMG LLP

Posted by Berkshire Associates on June 23 2017

This blog post was written by Andrea Csordas, PHR, SHRM-CP and Rachel Rubino, MS, SPHR, SHRM-SCP

KPMG, one of the world’s largest accounting firms, has agreed to pay $420,000 to resolve allegations of hiring discrimination at its Short Hills, NJ location. The firm entered a conciliation agreement with the Office of Federal Contract Compliance Programs (OFCCP) as a result of an investigation that started in 2011.

OFCCP Settles Steering and Compensation Discrimination Claim with Alabama Contractor

Posted by Rachel Rubino, MS, SPHR, SHRM-SCP on June 14 2017

The Office of Federal Contract Compliance Programs (OFCCP) continues to demonstrate its focus on steering and compensation discrimination by entering into a conciliation agreement with Vulcan Information Packaging (Vulcan) facility located in Vincent, AL. OFCCP alleges, Vulcan, owned by Ebsco Industries, Inc, discriminated against women in their Operatives Job Group 7 by hiring them into lower paying positions compared to men in the job group. Additionally, the agency alleges women in the job group, who had at least five or more years’ tenure, were paid significantly less than similarly-situated men.

Google and DOL Continue Battle Over Access to Broad Employee Pay Data

Posted by Michele Whitehead, SPHR, SHRM-SCP, Senior Manager, Client Services on June 7 2017

It’s too expensive to prove there is no gender pay gap. This is Google’s argument following their refusal to turn over compensation data to the U.S. Department of Labor, highlighted on social media and various publications following a recent hearing before a DOL administrative law judge (ALJ). However, there’s another argument not receiving nearly as much buzz—Google has a constitutional right to raise a lawful defense against a request that, in its opinion, is unreasonable and goes beyond the scope of the DOL’s investigation.

Workers’ Rights Organizations and Business Groups Agree: OFCCP and EEOC are Different

Posted by Cheryl Boyer, SPHR, SHRM-SCP, Vice President of Client Services on June 2 2017

Last week the White House released its proposed budget for the 2018 Fiscal Year which included a proposal to combine the Equal Employment Opportunity Commission (EEOC) and the Department of Labor’s Office of Federal Contractor Compliance Programs (OFCCP). Groups representing employee rights and those representing employer interests are opposed to the merge. The groups agree that though both agencies are focused on protecting employees from discrimination, their purpose is different. OFCCP’s mission is to work with federal contractors to proactively promote equal employment opportunities while the EEOC’s mission is more reactive, investigating individual claims of discrimination.