In today’s edition of OFCCP Week in Review, John C. Fox and Candee Chambers discuss the personnel changes coming under the Trump Administration of Significance to Employment & Civil Rights Matters; highlights from the EEOC’s FY2016 Performance & Accountability Report (PAR); and how the coming EEOC changes will affect your EEO-1 report.
In today’s edition of OFCCP Week in Review, John C. Fox and Candee Chambers discuss the significance of November 3, 2016 being the mid-point between the beginning of OFCCP’s 5-year so-called TRICARE subcontractor enforcement “Moratorium”–which began May 7, 2014 and will end on May 7, 2019.
The much-anticipated so-called federal contractor “blacklisting” rules and guidance (“Final Rule” and “Guidance”) were published in the federal register on August 25, 2016. The Final Rule becomes effective on October 25, 2016 and imposes four new legal obligations on covered federal contractors, which will be phased in over the next year (starting as early as October 25, 2016). It is important to also note that this is being phased in via Federal Acquisition Regulation (“FAR”) solicitation and contract provisions. This means that the Final Rule “becomes effective” by beginning to appear in new solicitations issued on or after October 25, 2016. This should not dampen a company’s concern and speed of progressing through the steps below and determining and pursuing compliance, but it is critical to understand and follow the specific path of obligation.
In today’s edition of OFCCP Week in Review, John C. Fox and Candee Chambers discuss the EEOC’s Final Enforcement Guidance on Retaliation.
The OFCCP’s definition of “similarly situated” for the purposes of evaluating compensation differences in its new sex discrimination regulations is so broad that it provides little guidance for federal contractors and goes beyond Title VII standards, two attorneys who handle OFCCP compliance matters recently told Employment Law Daily. The final rule, published in the Federal Register on June 15, 2016 (81 FR 39108-39169), replaces the guidelines at 41 CFR Part 60-20 with new sex discrimination regulations. The regulations, which implement the prohibition against sex discrimination contained in Executive Order (EO) 11246, took effect on August 15, 2016. Section 60–20.4(a) of the new regulations prohibits contractors from paying “different compensation to similarly situated employees on the basis of sex.” But the standard to which the OFCCP will hold contractors in assessing exactly which employees are “similarly situated” is far from clear, the attorneys stated.
In this edition of DirectEmployers’ OFCCP Week In Review, Alexa Morgan of Fox, Wang & Morgan P.C. joins John C. Fox and Candee Chambers to share information regarding the small reversal of North Carolina’s controversial “Bathroom Bill,” as well as the EEOC’s new efforts to combat alleged religious discrimination in the workplace.
In this edition of DirectEmployers’ OFCCP Week In Review, Alexa Morgan of Fox, Wang & Morgan P.C. joins John C. Fox and Candee Chambers to share information regarding the Democrats budget amendment fight amendment exepting defense contractors from the Fair Pay and Safe Workplaces Executive Order, as well as the EEOC’s issuance of a revised proposal to EEO-1 pay data collection.
Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announces its release of the Final “Discrimination on the Basis of Sex” Rule; VEVRAA “Benchmark for hiring” dropped to 6.9%; and U.S. Senator Lamar Alexander Seeks To Block The EEOC’s Proposed EEO-1 Revision to Force Certain Employers To Report Pay Data – all part of this week’s Week-In-Review.