Employment Law Alerts & Articles

Category Archives: DirectEmployers Association

Jul 27

OFCCP Compliance: Fox & Chambers Just Talkin’ | Expert Compliance Tips for Recruiters

Candee: John, it looks like we may have opened up “Pandora’s Box” when you, Mike Bazinet and I led four discussions at DEAM16 about how and where recruiters may assist with OFCCP compliance duties. Members have been calling and writing … Continue reading

May 16

OFCCP Compliance: Competing Priorities Between the State of North Carolina and the U.S. Department of Justice Based on Gender Identity

It is a classic Administrative Law law-school Final Examination question requiring the weighing and balancing of important competing public policies, most likely destined for the U.S. Supreme Court. Here is how both parties framed the legal questions before the District … Continue reading

Apr 05

OFCCP Compliance: What Hillary and Donald Think About Affirmative Action and Non-Discrimination (Part 4 of 4)

This is the final blog post in a 4-part series (read part 1, 2 and 3) highlighting how Hillary Clinton and Donald Trump think about Affirmative Action and Non-Discrimination. THE NEXT OFCCP DIRECTOR WILL HEAVILY INFLUENCE THE DIRECTION OF MARCH … Continue reading

Mar 31

OFCCP Compliance: What Hillary and Donald Think About Affirmative Action and Non-Discrimination (Part 3 of 4)

This is the third blog post in a 4-part series (read part 1 and part 2) highlighting how Hillary Clinton and Donald Trump think about Affirmative Action and Non-Discrimination. Business Leaders and Affirmative Action: While almost everyone I speak to … Continue reading

Mar 29

OFCCP Compliance: What Hillary and Donald Think About Affirmative Action and Non-Discrimination (Part 2 of 4)

This is the second blog post in a 4-part series (read part 1 here) highlighting how Hillary Clinton and Donald Trump think about Affirmative Action and Non-Discrimination. The Democratic and Republican Party Platforms: What the candidates say and believe about … Continue reading

Mar 24

OFCCP Compliance: What Hillary and Donald Think About Affirmative Action and Non-Discrimination (Part 1 of 4)

Surprise! They are both FOR Affirmative Action and oppose unlawful employment discrimination! TRUMP ON AA: Mr. Trump even “called out” then sitting United States Supreme Court Justice Antonin Scalia for a controversial statement Justice Scalia made during oral argument before … Continue reading

Jan 26

OFCCP Compliance: What Lies Ahead for OFCCP and Federal Contractors in 2016 May Surprise You!

INTRODUCTION: It is going to be a very difficult year for OFCCP due to budget pressures, antagonistic Democratic and Republican Senators and Congressman, a lame-duck President, reduced agency productivity and efficiency, and falling morale within an agency already battered by … Continue reading

Jul 30

OFCCP Fox Report: Making Sense Of The Complex Puzzle As To Which Employers and Federal Contractors Must Provide Benefits To Same Sex Couples

While OFCCP’s Final Rule (i.e. regulation) making discrimination based on “sexual orientation” (and “gender identity”) unlawful (what I will refer to below for brevity’s sake as the OFCCP’s LGBT[1] Rule”) include only three Affirmative Action requirements[2], the Rule’s non-discrimination law … Continue reading

May 01

OFCCP Fox Report: OFCCP Compliance Tip: Documenting OFCCP Data Requests

Today’s OFCCP Compliance Tip: Documenting OFCCP Data Requests During OFCCP audits, your habit should be to always demand (politely) of OFCCP Compliance Officers that they reduce their many requests for documents and information to writing (typically, these days, via e-mail). … Continue reading

Apr 14

OFCCP Fox Report: The Next OFCCP and Employment Law Challenges: Labor Law Compliance at Your Company and “Supply Chain Management” for Your Federal Subcontractors

The bell has sounded. The return of the Clinton Administration’s hoped-for (but never passed into law) government contracts “Blacklisting” regulations is seemingly soon to be upon us. U.S. Department of Labor Secretary Tom Perez in late March collected comments from … Continue reading