The OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they discuss:

 

Monday, July 9, 2018: Brett Kavanaugh Nominated for Supreme Court

Brett Kavanaugh was nominated by President Trump to succeed Justice Anthony Kennedy on the Supreme Court. Mr. Kavanaugh is currently serving as a judge in the D.C. Circuit Court of Appeals, where he has resided for the past 12 years. He is a graduate of Yale College and Yale Law School and was the former staff secretary to President George W. Bush.

What are Kavanaugh’s views on Affirmative Action?

Here is what we know so far.

In 1999, Kavanaugh wrote an amicus brief for the Center for Equal Opportunity, a conservative think tank that opposes affirmative action in the college admissions process, about when it is appropriate for the government to use affirmative action. In his brief, Kavanaugh argued it was unconstitutional to prohibit people who are not Native Hawaiians from voting for the Office of Hawaiian Affairs because it discriminates on the basis of race. According to the summary of argument, taking race into account in the voting process would be a violation of the Fifteenth Amendment: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on the account of race, color, or previous condition of servitude.” The Supreme Court agreed with a 7-2 decision.

In his 2004 confirmation hearing on the nomination to be circuit judge for the D.C. District Kavanaugh was asked, “Do you believe affirmative action constitutes a “racial preference?” His response,

“The Supreme Court has decided many cases on affirmative action programs and, if confirmed, I would faithfully follow those precedents. The Court has established detailed tests to assess whether affirmative action programs are race-based or race-neutral — and also whether they pass constitutional muster. My personal views or the views of my former clients on these or other issues would not affect how I would approach decisions as an appeals court judge. I would carefully and faithfully follow all precedent of the Supreme Court.”
As of today, there is no set date on the confirmation hearing. Stay tuned.

 

Tuesday, July 10, 2018: USBLN – Now Disability: IN

It was an exciting kick-off to the 21st Annual Conference. Over 1500 attendees waited in anticipation for the big reveal. What would be the new name and branding of the US Business Leadership Network (USBLN)? Would we be “IN” to the new name? An overwhelming yes!

USBLN is now:

Disability: IN proudly boasted of the following accomplishments since last year’s event:
• 36% growth in conference attendees
• 75% increase in mentor pairs
• 20% increase in the Academy participation
• 16% growth in certified suppliers

Also making headlines at the evening gala, was the recognition of the 126 companies who scored 100% to make this year’s Disability Equality Index “Best Places to Work for Disability Inclusion.”

Next years’ conference will be in Chicago. Stay tuned to Disability: IN for more information.

Looking for a local chapter to get involved? See if your area has an active affiliate. Midwest area, be sure to check out next month’s Midwest Diversity, Inclusion, & Awareness Conference to be held in Indianapolis August 22-23, 2018.


THIS COLUMN IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO OFCCP. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK ADVICE OF COUNSEL.

Reminder: If you have specific OFCCP compliance questions and/or concerns or wish to offer suggestions about future topics for the OFCCP Week In Review, please contact your membership representative at (866) 268-6206 (for DirectEmployers Association Members), or email Jennifer at jpolcer@directemployers.org with your ideas.

 

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John C. Fox, Esq. is President and Partner at Fox, Wang & Morgan P.C. where he represents companies and tries cases in state and federal courts throughout the United States. Mr. Fox has extensive trial experience, having spent more than 300 days in trial. Mr. Fox was also lead trial counsel in the first of the six wage-hour class actions known to have been tried in California and was lead trial counsel in what are believed to have been the two largest disability law suits in the United States. He is an across-the-board employment lawyer representing management nationwide. Full Bio »

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