October 16, 2024
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Category: Affirmative Action and Diversity

Highlights From CWC’s Tenth Annual Talent Acquisition Compliance Summit

The Center for Workplace Compliance, our affiliated nonprofit membership association, held its tenth annual Talent Acquisition Compliance Summit October 3 and 4 in Reston, Va. The summit featured presentations, facilitated discussions, and small-group sessions covering legal, regulatory, and policy developments affecting recruitment and selection. Session topics included: “Ten Key Metrics for Evaluating TA Diversity and Compliance,” which examined ways to...
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July 02, 2024
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Category: Agency Enforcement

Staffing Firm Agrees To Pay Over $500,000 To Settle Citizenship Discrimination Allegations

The U.S. Justice Department has entered into a settlement agreement worth more than half a million dollars to end an immigrant bias investigation of a staffing agency. The $557,500 settlement resolves allegations that the staffing firm violated the Immigration and Nationality Act (INA) by using job postings that discouraged applications from non-U.S. citizens who were authorized to work in the United States....
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June 27, 2024
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Category: Affirmative Action and Diversity

Updated Template for Good Faith Outreach Letter Available to CWC Members

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its template for good faith outreach letters. CWC members can use this template when contacting external sources for help in identifying diverse candidates that they can recruit for job openings in their companies. This template can help members that are government contractors demonstrate their efforts to comply with...
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January 03, 2024
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Category: Affirmative Action and Diversity

CWC’s Updated College and University Graduate Diversity Data Resources, 2021-2022

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has compiled a series of tables and online tools to help companies develop or refine their college recruitment strategy. CWC devised the tables based on data that it obtained from the U.S. Department of Education (DOE). The tables show demographic data by academic award level for the 38 degree...
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December 13, 2023
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Category: Discrimination and Harassment

Eleventh Circuit Rules No Discrimination If Hiring Officials Didn’t Know Applicant’s Race

The U.S. Court of Appeals for the Eleventh Circuit ruled in a non-precedential opinion in Tolley v. Mercer University that a white applicant for a professorship failed to prove race discrimination because he could not show that the university officials who rejected his application knew his race. Employment discrimination is about actual knowledge and real intent, not constructive knowledge and...
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December 05, 2023
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Category: Litigation

DOJ Appears To Give Up on Criminal “No-Poach” Prosecutions

The U.S. Department of Justice (DOJ) has dropped its remaining no-poach criminal case, apparently abandoning its strategy of challenging employers’ no-hire agreements as criminal conspiracies under the antitrust laws. On November 15, 2023, a federal trial court in Texas granted DOJ’s motion to dismiss criminal charges against Surgical Care Affiliates (SCA) and SCAI Holdings for allegedly conspiring not to hire...
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September 06, 2023
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Category: Discrimination and Harassment

California High Court Rules Third-Party Vendor Can Be Sued for Discrimination Under State Law

The Supreme Court of California has ruled that a third-party vendor performing job application screening services for an employer can be sued directly for discrimination under the state’s Fair Employment and Housing Act (FEHA). The ruling in Raines v. U.S. Healthworks Medical Group aligns California law with the federal courts’ interpretation that Title VII and other federal antidiscrimination statutes extend...
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July 24, 2023
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Category: Policies and Practices

Colorado Amends Its Equal Pay for Equal Work Act (EPEWA), Effective 1/1/24

Amendments to Colorado’s Equal Pay for Equal Work Act (EPEWA), signed into law in June, are a mixed bag for covered employers. The EPEWA is the 2019 law that requires covered employers to include pay ranges in job postings for all jobs that could be performed in Colorado and to notify all employees about all promotional opportunities. The amended law, which will...
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May 31, 2023
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Category: Talent Acquisition and Management

New General Accountability Office Report Is Critical of Noncompete Agreements

A report released last month by the U.S. Government Accountability Office (GAO) finds that noncompete agreements tend to reduce workers’ pay by impairing their ability to change jobs or bargain for higher wages with their employer. The report, which a group of U.S. Senators requested more than four years ago, comes at the same time that the U.S. Federal Trade...
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May 30, 2023
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Category: Discrimination and Harassment

New EEOC Guidance Addresses Potential Adverse Impact of AI in Employee Selection Procedures

The Equal Employment Opportunity Commission (EEOC) has issued guidance reminding employers that artificial intelligence (AI) tools are subject to the same rules as other employment selection devices when determining whether there is adverse impact against a protected group. Members of the Center for Workplace Compliance (CWC) can read more here.
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