Vigilant Blog

A provider of in-home care in Spokane, Washington, agreed to pay $92,059 to settle allegations of gender discrimination in its hiring process following an affirmative action audit by the Office of Federal Contract Compliance Programs (OFCCP). ResCare HomeCare Spokane explained that most of its clients were female, and preferred female caregivers. But the OFCCP found…

An employer with federal contracts agreed to pay $372,739 to settle claims that it gave minority workers unequal training in retaliation for being forced to hire them in the wake of an affirmative action audit. The Office of Federal Contract Compliance Programs (OFCCP) had previously found that Tufts Associated Health Plans Inc.’s hiring process for…

It took many years to get it done, but the Office of Federal Contract Compliance Programs (OFCCP) has completely revamped its manual providing guidance to its compliance officers on how to conduct affirmative action audits. The updated Federal Contract Compliance Manual (FCCM) is now posted on the agency’s website. It isn’t binding on employers, but…

Employers have been asking for a status update on the sweeping proposed changes to the affirmative action regulations on veterans and people with disabilities. The answer is that we’re still waiting. The Office of Federal Contract Compliance Programs (OFCCP) had hoped to get the final regulations out in April 2013. However, their efforts were complicated…

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….