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).
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.
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.
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.
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.
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.
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.
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.