On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) updated the pay equity directive it had published just five months earlier (which we reported here). OFCCP compliance officers will now follow Directive 2022-01 Revision 1 (Advancing Pay Equity Through Compensation Analysis) when conducting affirmative action audits of…
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Question: One of our employees requested a disability accommodation under the Americans with Disabilities Act (ADA). He suffers from anxiety and depression and his doctor recommended that he not have any interactions with a certain “hostile” coworker. Do we have to do this? Answer: Probably not, because courts generally don’t consider a request to avoid…
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On July 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance regarding COVID-19 (coronavirus) and the Americans with Disabilities Act (ADA). These FAQs scale back the agency’s approval of mandatory COVID-19 screening measures and clarify several other COVID-19 related issues. Viral screening tests and “business necessity”: The EEOC now says…
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The Office of Federal Contract Compliance Programs (OFCCP) recently posted another significant financial settlement with a federal contractor, arising out of a routine affirmative action audit. Without admitting liability, Becton, Dickinson and Company agreed to pay $499,349 in back pay and interest to resolve allegations that it discriminated against 125 female applicants at three locations in…
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A Montana employer’s clear hiring criteria and good documentation showing why it chose not to hire a former employee allowed it to overcome a discrimination and retaliation claim in federal court. A former employee with human resources experience applied for three part-time package handler positions with United Parcel Service (UPS). UPS…
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On March 24, 2022, Governor Jay Inslee signed into law ESHB 1795, which prohibits employers from requiring a prospective, current, or former employee (or an independent contractor) to sign any agreement that prevents the disclosure of alleged discrimination, harassment, retaliation, sexual assault, wage and hour violations, or conduct that is…
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On March 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a pay equity directive and President Biden issued an executive order related to pay equity for federal contractors. Both were timed to coincide with Equal Pay Day. The OFCCP’s Directive 2022-01 (Pay Equity Audits) reminds federal contractors of their…
Read More…In updated guidance regarding COVID-19 (coronavirus) vaccination status, the Centers for Disease Control (CDC) now uses the term “up to date” instead of “fully vaccinated.” Up to date means individuals have received all recommended COVID-19 vaccines, including any booster dose(s) when eligible. Workers are eligible for a booster if at least 5 months have passed…
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AlliedBarton Security Services LLC agreed to pay $1,175,000 in back pay and interest to resolve allegations of pay discrimination uncovered during a routine affirmative action audit by the Office of Federal Contract Compliance Programs (OFCCP). The OFCCP found pay disparities based on race and gender among employees in unarmed security…
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The Office of Federal Contract Compliance Programs (OFCCP) raced to secure financial settlements from federal contractors at the close of the agency’s 2021 fiscal year, which ended on September 30, 2021. After conducting routine affirmative action audits of selected companies, the OFCCP alleged discriminatory practices in compensation and hiring. Each of the…
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