The Office of Federal Contract Compliance Programs (OFCCP) recently announced that Google LLC has agreed to pay over $3.8 million to resolve allegations of discrimination in pay and hiring, which came to light in a routine affirmative action audit of its facilities in California and Washington. The company, which is…
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President Biden has rescinded President Trump’s controversial Executive Order 13950: Combating Race and Sex Stereotyping, effective immediately. As we previously reported, the order prohibited federal contractors from training employees on “divisive concepts” related to race and sex discrimination. Later we reported that a federal court issued a nationwide injunction that temporarily halted…
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A federal district court has temporarily stopped the federal government nationwide from enforcing Executive Order 13950, Executive Order on Combating Race and Sex Stereotyping, to the extent that the order prohibits federal contractors from training their employees on “divisive concepts” related to race and sex discrimination and puts federal grantees at risk of…
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Federal contractors, take note: The Office of Federal Contract Compliance Programs (OFCCP) isn't slowing down in publishing new regulatory and enforcement initiatives, in addition to its ongoing affirmative action enforcement work. Recent agency actions include: Publishing a final regulation capturing the process for resolving allegations of discrimination in an affirmative action audit.…
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2020 was historic in ways no one expected. As the year ends and COVID-19 fatigue sets in (along with a healthy dose of economic uncertainty, political fights, and social unrest), mental health is becoming one of the biggest challenges facing employees and their employers. Unlike physical injuries, mental illness can…
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Question: One of our employees wore a t-shirt in support of a political cause yesterday. Today another employee arrived at work wearing a mask with messaging in favor of her political party. I sense a slippery slope here. Do we have to allow this? Answer: No. Employees don’t have First Amendment rights in…
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The U.S. Supreme Court recently ruled that terminating employees because of their sexual orientation or transgender status is discrimination based on sex and therefore violates Title VII of the Civil Rights Act.
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Question: Can we exclude employees from the workplace if they’re at high risk for severe illness from COVID-19, such as older workers or workers with underlying medical conditions? Answer: In general, no. If your reason for keeping employees away from work is based solely on their membership in a high-risk group based on…
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Alert: New federal law provides paid leave for COVID-19 absences President Trump has signed the Families First Coronavirus Response Act, an economic stimulus package that offers employees certain emergency protections for absences related to the coronavirus (COVID-19). This new law will have a major impact on employers throughout 2020, as it…
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Question: We are downsizing our accounting department. Two long-term employees over the age of 60 have repeatedly mentioned their intention to retire soon. They also have the highest salaries in the department. Can we eliminate their positions in the reduction in force? Answer: Not for the reasons you suggest! Proximity to retirement is…
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