Brian LaCour

Recent Posts

OFCCP Updates Protected Veteran Hiring Benchmark

Posted by Brian LaCour on March 27 2019

As has been the norm during the Spring months, the OFCCP has reassessed the Annual Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark. For Affirmative Action Plans developed after March 31, 2019, the national benchmark for the percentage of Protected Veterans contractors should seek to hire is 5.9 percent.

More Information on the Upcoming CSAL and Section 503 Focused Reviews

Posted by Brian LaCour on March 4 2019

The OFCCP has announced that its next Corporate Scheduling Announcement List (CSAL), detailing which federal contractors will be listed for an OFCCP audit, will be released in mid-to-late March 2019. OFCCP is also, for the first time, releasing the CSAL exclusively in their FOIA Library and forgoing mailing letters about the upcoming audit to contractors.

Trump Administration Proposes Departments of Labor and Education Merger

Posted by Brian LaCour on June 22 2018

As a part of continuing effort to remake the federal government, the Trump Administration proposed a merger of the Department of Labor (DOL) and the Department of Education (DOE) into a new “Department of Education and the Workforce.”

Ongoing Legal Challenges for OMB’s Decision to Suspend Compensation Reporting on the EEO-1

Posted by Brian LaCour on March 30 2018

Two civil rights organizations, the Lawyers’ Committee for Civil Rights and the National Women’s Law Center, have filed a lawsuit seeking to compel a response to a Freedom of Information Act request made in late 2017 to the Office of Management and Budget (OMB). The records request is in response to the OMB’s settlement to rescind requirements of the EEOC decision to collect pay data from employers as part of the EEO-1 report. The revisions to the EEO-1 would have required private employers with 100 or more employees to report employee W-2 earnings data by race and ethnicity, sex, and job category.

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).

DOL Appeals ALJ’s Ruling in Google Compensation Data Fight

Posted by Brian LaCour on September 12 2017

On Wednesday, August 23, 2017, the Office of Federal Contract Compliance Programs (OFCCP) filed an appeal with the Administrative Review Board (ARB), officially challenging a recent decision denying the agency access to some of the documents it sought as part of its highly-publicized review of the compensation practices at Google Inc.’s headquarters location.

ALJ Hands Google a Partial Victory in Battle with DOL Over Access to Broad Pay Data

Posted by Brian LaCour on July 21 2017

On July 14, 2017, Administrative Law Judge (ALJ) Steven Berlin issued a recommended administrative decision in the publicity-generating case between Google and the Office of Federal Contract Compliance Programs (OFCCP). For those who have been following along, you know OFCCP sued Google in early January for access to additional employee pay data and employee contact information for more than 20,000 employees as part of a routine compliance review of Google’s headquarters.

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:

Seventh Circuit Grants En Banc Review of Title VII Sexual Orientation Discrimination Case

Posted by Brian LaCour on November 2 2016

In a rare move, the Seventh Circuit, covering Illinois, Indiana, and Wisconsin, has decided to rehear a case examining if discrimination based on sexual orientation is recognized as a form of discrimination based on sex under Title VII of the Civil Rights Act of 1964. The decision means the Seventh Circuit will hear the case en banc, with many believing the court’s decision to grant rehearing suggests the full panel may reverse course on earlier rulings which held that Title VII did not prohibit discrimination on the basis of one’s sexual orientation.

Supreme Court Finds University of Texas’ Affirmative Action Policy Lawful

Posted by Brian LaCour on July 7 2016

As part of the final round of decisions announced during the Supreme Court’s 2015 term, the Court delivered its opinion in Fisher v. University of Texas—a closely-watched affirmative action case. In its second swing at the case in three years, after initially remanding the case back to lower courts under stricter terms, the Court ruled the University of Texas’s (UT) consideration of race in its admissions process was not a violation of the Equal Protection Clause of the 14th Amendment.