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Disparate Impact Office of Federal Contract Compliance Programs

Foley & Lardner LLP

Attorney General Memo to Federal Agencies Provides Further Insight Into “Illegal” DEI Programs

Foley & Lardner LLP on

On July 29, 2025, Attorney General Pam Bondi issued a memorandum to all federal agencies entitled, “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” The memorandum restates the administration’s...more

Littler

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

Littler on

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

DCI Consulting on

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

DCI Consulting

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

DCI Consulting on

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

K&L Gates LLP

Health Care Triage: OFCCP Enforcement in the Health Care Space

K&L Gates LLP on

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

Jackson Lewis P.C.

Real Estate Employers Can Expect Uncertainty Following Election 2020

Jackson Lewis P.C. on

Many of the laws and regulations governing employers will be affected by the 2020 Election results. For real estate industry employers specifically, a change in administration could lead to reversals of recently enacted...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

Jackson Lewis P.C. on

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

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

Physical Ability Tests in Focus: Understanding and Validating Testing Procedures

Pre- and post-job offer physical ability tests (PATs) continue to face challenges from the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP) and occasionally private...more

Littler

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

Littler on

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?

Polsinelli on

“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?

Stinson LLP on

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

Jackson Lewis P.C. on

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

Genova Burns LLC on

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

Foley & Lardner LLP on

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

Jackson Lewis P.C. on

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

Proskauer - Government Contractor Compliance...

ALJ Rules “Non-Asian” Group Not Protected Under Executive Order 11246

A Department of Labor Administrative Law Judge (“ALJ”) ruled on August 5, 2013 that the Office of Federal Contract Compliance Programs (“OFCCP”) cannot proceed with a disparate impact claim against a clothing manufacturer...more

Butler Snow LLP

The EEOC And OFCCP Announce Anticipated Increase In Investigation Of Disparate Pay Claims

Butler Snow LLP on

In the EEOC’s Strategic Enforcement Plan for 2013-2016, the Commission has prioritized and committed to enhanced enforcement of equal pay laws to eliminate compensation systems and practices that discriminate based on gender....more

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