Insights

August 26, 2022
|
Category: Agency Enforcement

Contractors Have Until September 19 To Object to OFCCP Disclosure of Type 2 EEO-1 Data

In response to a Freedom of Information Act (FOIA) request received by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) that seeks the release of thousands of federal contractors’ and subcontractors’ consolidated EEO-1 Reports filed during calendar years 2016 – 2020, the agency has announced that it will release the requested information unless a contractor files a written...
Read More
August 26, 2022
|
Category: Whistleblowing and Retaliation

Second Circuit’s Burden of Proof Ruling in SOX Whistleblower Case Creates Circuit Split

The U.S. Court of Appeals for the Second Circuit recently overturned a jury’s award of $900,000 to a former employee who claimed, in a case brought under the federal Sarbanes-Oxley Act (SOX), that he was unlawfully retaliated against for blowing the whistle on his former employer’s alleged securities violations. According to the appeals court, the trial judge gave the jury...
Read More
August 26, 2022
|
Category: Agency Enforcement

OFCCP Revises Controversial “Pay Equity Audits” Directive

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has revised the controversial Pay Equity Audits directive issued earlier this year to clarify that the agency “will not require the production of privileged attorney-client communications or attorney work product.” As we reported back in March when it was issued, the original directive instructed OFCCP compliance officers (COs) to...
Read More
August 26, 2022
|
Category: Agency Enforcement

Fourth Circuit Rules Gender Dysphoria Is a Covered ADA Disability

In a case of first impression before the federal appeals courts, the U.S. Court of Appeals for the Fourth Circuit has ruled that gender dysphoria can be a disability under the Americans with Disabilities Act (ADA). Gender dysphoria, as discussed in more detail below, is defined as clinically significant distress experienced by transgender individuals. While the ADA expressly excludes “gender...
Read More
August 26, 2022
|
Category: Immigration

USCIS Proposes Rule To Continue Remote I-9 Document Verification

In a positive response to written comments received by the agency, although short of what we would prefer, U.S. Citizenship and Immigration Services (USCIS) has published a proposed rule that would formalize the agency’s authority to implement “alternative options,” i.e., remote review options, for employers to use when verifying an employee’s identity or work authorization documentation on the Employment Eligibility...
Read More
August 19, 2022
|
Category: Agency Enforcement

D.C. Circuit Issues Important Decision on Federal Rulemaking

A recent decision by a split three-judge panel of the influential U.S. Court of Appeals for the D.C. Circuit has potentially significant implications for federal rulemaking subject to the Administrative Procedure Act (APA), and in particular during the transition of presidential administrations from one political party to the other. Ruling in the case of Humane Society v. Department of Agriculture,...
Read More
August 19, 2022
|
Category: Affirmative Action and Diversity

FAQs on Affirmative Action Placement Goals

It comes as no surprise to many of you that there can be challenges in trying to balance the dual interests within your organizations of (1) complying with the nondiscrimination and affirmative action requirements arising under Title VII of the Civil Rights Act of 1964 (Title VII), Executive Order (E.O.) 11246, and a variety of other federal and state laws;...
Read More
August 19, 2022
|
Category: Agency Enforcement

$85 Million Settlement Underscores DOJ’s Focus on Anticompetitive Employment Practices

A massive $85 million settlement in a wage fixing case in the poultry industry is the latest evidence that the U.S. Department of Justice (DOJ) continues to focus antitrust enforcement efforts on anticompetitive employment practices. At the same time, DOJ’s strategy as to how to pursue these cases still appears to be evolving, as evidenced by a recent brief DOJ...
Read More
August 12, 2022
|
Category: Labor Relations

D.C. Circuit Reinforces Prior “Joint Employer” Ruling in Browning-Ferris

The U.S. Court of Appeals for the District of Columbia Circuit has issued a second ruling in a long-running case that goes to the heart of who can be considered a “joint employer” under the National Labor Relations Act (NLRA). Before we proceed further, please be aware that the history of this case is complex, as is predicting the ultimate...
Read More
August 12, 2022
|
Category: Compensation

NAS Panel Concludes EEO-1 “Component 2” Flawed, Recommends Improvements

An outside organization commissioned by the Equal Employment Opportunity Commission (EEOC) to evaluate the agency’s 2017-2018 collection of pay and hours-worked data on the EEO-1 Report (Component 2) has issued a report concluding that the data are unsuitable for determining whether it is likely that an employer has engaged in unlawful conduct. The long-awaited report by a panel convened by...
Read More

Categories

Talk with an EASI Consultant.

Get in Touch

Talk with an EASI Consultant.

Get in Touch