Vigilant Blog

The U.S. Supreme Court issued rulings on harassment, discrimination, and affirmative action yesterday. In the harassment case, the Court said an individual is considered a supervisor under Title VII of the Civil Rights Act only if he or she has the authority to make tangible employment decisions about the victim, such as hiring, firing, promoting,…

As of January 1, 2014, federal contractors must begin using the 2010 Census EEO data, said the Office of Federal Contract Compliance Programs (OFCCP) in a recent announcement. Until then, employers have the option of continuing to rely on the old 2000 Census data in their written affirmative action plans (AAPs), or making the switch…

During an audit of the company’s affirmative action compliance, the OFCCP alleged that the company’s hiring process had a disparate impact on African-Americans, Hispanics, Asians, and Native Americans applying for jobs as laborers and deckhands. In addition to paying back wages, the company agreed to offer jobs to at least six of them, with retroactive…

Presentations by the Office of Federal Contract Compliance Programs (OFCCP) have shed more light on its new compensation directive. As we reported in on our Employment Law Blog on 3/14/13, the agency has given itself total flexibility in grouping jobs into “pay analysis groups” for “comparable” employees. The new process applies to affirmative action audits…

The Office of Federal Contract Compliance Programs (OFCCP) has finally published new procedures describing how it will analyze compensation during affirmative action audits. The agency rescinded its 2006 guidance, which it found to be too rigid in practice. Now the agency says it will use a flexible approach, using all possible tools at its disposal….