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Disparate Impact Federal Contractors

Blank Rome LLP

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th,...

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Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers...more

Cooley LLP

EEOC Opens 2024 EEO-1 Data Collection – With a Title VII Compliance Reminder

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The Equal Employment Opportunity Commission (EEOC) recently opened its 2024 EEO-1 Component 1 data collection portal and announced that covered employers have until June 24, 2025, to submit and certify their EEO-1 reports....more

FordHarrison

EEO-1 Portal Open for Filing May 20, 2025

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The EEOC announced the opening of the 2024 EEO-1 Component 1 data collection on May 20, 2025, as anticipated in our previous legal alert on the topic.  With the opening of the portal, covered employers are now able to submit...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Acting Director Warns No ‘Diversity Exception’ to Title VII in Announcing EEO-1 Reporting Period Opening

On May 20, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) opened the platform for employers to submit EEO-1 reports. In doing so, EEOC Acting Director Andrea Lucas warned employers not to use the data to take...more

Constangy, Brooks, Smith & Prophete, LLP

Filing window for 2024 EEO-1 Reports now open

Window closes June 24 – and don’t expect an extension.   The Equal Employment Opportunity Commission announced the opening of the 2024 EEO-1 Component 1 data collection. Covered employers have until June 24, 2025, to submit...more

Lippes Mathias LLP

Executive Order Limits Use of Disparate Impact Theory Under Civil Rights Act

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On April 23, 2025, President Donald Trump issued an Executive Order that is intended to limit employees' and applicants' abilities to use the disparate impact theory of liability to establish violations of the Civil Rights...more

Berkshire

New Executive Order Indicates Trump Administration Will De-Emphasize Disparate Impact Enforcement

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On April 23, 2025, the White House issued Executive Order 14281 entitled “Restoring Equality of Opportunity and Meritocracy” that announces the Administration’s policy “to eliminate the use of disparate impact liability in...more

Morrison & Foerster LLP

Key Considerations for Navigating Workforce Furloughs and Reductions During Government Cutting and Shutdowns

The Trump administration has taken various measures aimed at cutting government agencies, departments, spending, and contracts. The ripple effects of these actions have already had far-reaching impacts on many federal...more

Littler

OFCCP Preparing to Scrutinize Federal Contractors’ Use of AI Hiring Tools and Other Technology-based Selection Procedures

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On August 24, 2023, the Office of Management and Budget approved a request from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) to revise the “Itemized Listing” that OFCCP uses to collect...more

DCI Consulting

Everything You Want to Know about the Revised PDN Final Rule

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Everything You Want to Know about the Revised PDN Final Rule - On August 4, 2023, the Office of Federal Contract Compliance Programs (OFCCP or the agency) published a Final Rule (2023 Rule) titled “Pre-enforcement Notice...more

Mitratech Holdings, Inc

[Webinar] How to Spot Hidden Discrimination in Recruiting - May 4th, 9:00 am PT

Most employers strive for a recruitment process that is free of discrimination, both for legal purposes and because it’s the right thing to do. But confirming your process provides equal employment opportunity isn’t always...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Measuring Disparities in Employment: A Primer on EEO Statistics - February 2nd,...

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Although statistical analyses are commonly used to determine disparities in such employment decisions as hiring and compensation, they can be difficult to comprehend. In this session, we will explain the basic principles of...more

Dorsey & Whitney LLP

The Supreme Court - June 22, 2022

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Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., No. 20-1641: This case concerns the interpretation of the Medicare Secondary Payer Act’s (MSPA) anti-discrimination provisions regarding individuals with...more

K&L Gates LLP

Health Care Triage: OFCCP Enforcement in the Health Care Space

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Health Care partners Sarah Carlins and Jackie Hoffman interview Labor, Employment, and Workplace Safety partner Craig Leen in this episode of Triage, recorded in collaboration with our Working Wise podcast. As the former...more

Faegre Drinker Biddle & Reath LLP

DOL Finalizes Rule Requiring Internal Approval of Evidence Prior to Issuing Preliminary Notices of Discriminatory Bias Claims...

The Office of Federal Contract Compliance Programs (OFCCP) published its final rule establishing consistent evidentiary parameters for the way it determines preliminary findings of discrimination against contractors during...more

Jackson Lewis P.C.

OFCCP Final Rule For Procedures to Resolve Potential Employment Discrimination Published

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As we previewed last week, OFCCP’s rule codifying procedures for resolving allegations of potential discrimination through the use of a Pre-Determination Notice (PDN) or Notice of Violation (NOV) has been officially published...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – August 2020 # 11

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In Washington - House Speaker Nancy Pelosi (D-CA) is calling Democrats back from the August recess to vote on legislation that would prohibit operational changes at the U.S. Postal Service that could curtail mail-in...more

Littler

OFCCP Issues FAQ Guidance on Selection Tools, Practical Significance, and Independent Contractors

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The U.S. Office of Federal Contract Compliance Programs (OFCCP) released two new FAQs this week.  The new guidance documents address three topics: validation of tests used by contractors when selecting workers for...more

Polsinelli

Law Firms: Are You Ready for OFCCP to Come Knocking?

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“Glaring,” “concerning,” “troubling,” “problematic,” and “systemic” were some of the words used by OFCCP Director Craig Leen to describe the underrepresentation of women, minorities, and individuals with disabilities at large...more

Stinson LLP

Are You Ready for an OFCCP Compensation Audit?

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The Office of Federal Contract Compliance Programs (OFCCP) recently issued Directive 2018-05, a compensation-related directive that OFCCP touts as part of its effort to be more transparent to government contractors. ...more

Jackson Lewis P.C.

Class Action Trends Report Summer 2018

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ABC Discount Superstores prides itself on undercutting any competitor’s prices— and on the diversity of its workforce. Always on the cutting edge, the company was among the first in the retail industry to embrace online...more

Genova Burns LLC

OFCCP Updates Guidance on Sex Discrimination to Reflect Modern Workplace

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On June 15, 2016 the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published its Final Rule updating federal contractor requirements to ensure nondiscrimination on the basis of sex in the...more

Foley & Lardner LLP

Moving Away From The “Mad Men” Era: The OFCCP Updates Its Sex Discrimination Guidelines

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For the first time since 1970, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is updating its sex discrimination guidelines for federal contractors. These updates, announced last week, will...more

Jackson Lewis P.C.

OFCCP’s New Sex Discrimination Regulations Impose a Few New Obligations on Employers

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The Final Rule on Sex Discrimination from the Office of Federal Contract Compliance Programs recognizes the expanding interpretation of “because of sex” as a basis for discrimination, but does not impose on federal...more

McAfee & Taft

Obama embraces ‘ban the box’ movement

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In November, President Obama announced that he was directing federal agencies that they could not inquire about criminal convictions on federal job applications. According to the president, the federal government “should not...more

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