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Showing posts for: Harassment & Discrimination

Nov 16 2023
Harassment & DiscriminationPrivacy & ConfidentialityQ&A

Q&A: Internal management communications aren’t confidential

Question: For weeks our management team has been trading internal emails discussing why we need to terminate an employee who isn’t meeting performance standards. In the most recent email thread, one manager said that he wants to move more quickly to fire the employee because the employee reported workplace harassment a few days ago and…

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Nov 16 2023
Affirmative ActionHarassment & Discrimination

OFCCP obtains more financial settlements to end FY 2023

The Office of Federal Contract Compliance Programs (OFCCP) has posted a slew of last-minute financial settlements that were signed just before September 30, 2023, the end of the federal government’s 2023 fiscal year. All but one (which was in response to an individual complaint) resulted from the OFCCP conducting routine affirmative action audits of federal…

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Nov 16 2023
Harassment & DiscriminationSafety and HealthWage and Hour

Holiday parties: Follow these tips to minimize company liability

Holiday season is rapidly approaching, and a company holiday party is a great way to reward employees for their work throughout the year. With the return of these parties, here are some tips and recommendations to enjoy a celebration with coworkers and reduce liability for your organization: Limit alcohol consumption: The use of alcohol at…

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Oct 05 2023
Affirmative ActionDisabilityHarassment & Discrimination

Federal contractors settle discrimination claims with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) has announced numerous financial settlements with federal contractors in recent months. Most settled allegations of hiring discrimination on the basis of race/ethnicity or gender, which came to light during the agency’s routine reviews of the companies’ affirmative action plans (AAPs). A few settlements were made after the…

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Sep 07 2023
Affirmative ActionHarassment & Discrimination

OFCCP expands data requests in audit scheduling letter

The Office of Federal Contract Compliance Programs (OFCCP) recently expanded the data requests in its Supply and Service Scheduling Letter and Itemized Listing, the letter it sends to federal contractors requiring submission of data within 30 days to kick off an affirmative action audit. The letter applies to OFCCP compliance reviews scheduled on or after…

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Jul 20 2023
Affirmative ActionHarassment & Discrimination

Q&A: Federal contractors still subject to affirmative action duties

Question: Now that the Supreme Court has ruled that the affirmative action programs at Harvard and the University of North Carolina are unconstitutional, what does this mean for the written affirmative action plans (AAPs) that we’re required to maintain as a federal contractor? Answer: From a legal standpoint, the decision has no impact on federal…

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Jul 06 2023
DisabilityHarassment & Discrimination

Undue hardship for religious accommodation must be substantial

The U.S. Supreme Court recently ruled that an employer who claims “undue hardship” as the reason for denying a worker’s request for a religious accommodation under Title VII of the Civil Rights Act must be able to show it would incur “substantial increased costs in relation to the conduct of its particular business.” This significantly…

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Jun 15 2023
Harassment & DiscriminationQ&A

Q&A: Offensive music in workplace subject to anti-harassment policy

Question: A new employee complained about the “vulgar” lyrics in songs playing on the warehouse radio. The shift supervisor usually chooses a local radio station, and nobody has a problem with it. Do we really have to monitor the content of background music we provide to employees to help make the day go faster? Answer:…

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Jun 01 2023
Affirmative ActionHarassment & DiscriminationHiring

OFCCP secures settlements from federal contractors in early 2023

During the first five months of 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced some interesting financial settlements with federal contractors, although none of the companies admitted liability. Ordinarily, OFCCP settlements occur as the result of randomly scheduled affirmative action audits (compliance reviews) of federal contractors with at least 50 employees and a…

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Mar 16 2023
Harassment & DiscriminationWashington

WASHINGTON: Seattle is first to ban caste discrimination

Seattle has become the first city in the U.S. to include caste as a legally protected class for unlawful workplace discrimination. The Seattle city council voted on February 22, 2023, to amend the city law to ban caste discrimination in workplaces, housing, and public services. The new ban was signed into law by Seattle’s mayor…

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Feb 02 2023
Affirmative ActionHarassment & Discrimination

OFCCP releases new list of federal contractors it will audit

On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) released a new list of federal contractors it intends to review in the coming months for affirmative action compliance. This Corporate Scheduling Announcement List (CSAL) is a courtesy heads-up, showing which companies will be selected for random affirmative action audits. If you use…

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Jan 05 2023
DisabilityHarassment & DiscriminationWage and Hour

Federal law expands rights for workers who are pregnant or nursing

On December 29, 2022, President Biden signed a bill that grants reasonable accommodation rights to pregnant workers and grants workers who are exempt from overtime the right to take breaks to express breast milk. Both provisions, which are actually separate laws, are tucked in the $1.7 trillion 2023 omnibus spending bill, “Consolidated Appropriations Act, 2023.”…

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