Part 2 of 3 of this series examined and compared the OFCCP enforcement activities under the Clinton, Bush (Jr.) and Obama administrations to gain more insight on what to anticipate of the current OFCCP. Since people propel the activity in question, this installment will focus on Director Shiu’s most recent Regional Director appointees to gain further insight as to what to expect going forward. First, let’s have a “crash...

Part I reviewed the OFCCP's many accomplishments in 2013 and discussed their implications for 2014. Its 2014 agenda appears no less ambitious (more on that soon). Let's briefly compare the OFCCP of the Clinton, Bush and Obama years to get an idea of what likely lies ahead. The Clinton Years: Director Shirley Wilcher took a strong interest in compensation issues and, initially, a tough stance on employment discriminat...

This first part of three, addresses the enforcement practices in 2013 and what it means for 2014. Let's begin with some of the highlights from 2013 that give us an idea of what makes the OFCCP tick: The OFCCP in general has focused on what it calls "systemic discrimination", in selection and hiring and particularly paid attention in 2013 to non-traditional victims. Goodwill Industries of Southern California settled f...

Many federal contractors know that the Final Rules amending regulations that implement Section 503 of the Rehabilitation Act require them to invite Individuals with Disabilities (IWDs) to self-identify during the application process. This solicitation may take place at the same time a contractor asks for information relating to race, ethnicity and gender. For applicants who opt not to self-identify, contractors should make...

Last month, Medtronic and the OFCCP settled pay discrimination allegations in OFCCP v. Medtronic Inc. and Medtronic Interventional Vascular Inc., Case No. 2013-OFC-0004. Many of you may know the basic facts: the OFCCP alleged that Medtronic discriminated against 78 Hispanic entry-level Senior Production Associates at its Danvers, Massachusetts facility, by paying them less than they paid Caucasian employees, performing the...

Affirmative Action burst onto the American employment landscape about 45 years ago as a means to combat decades of racial discrimination by employers. That year, all Federal agencies were required by Federal law to put into place certain programs meant to ensure that all job applicants were considered without regard to “race, creed, color, or national origin,” and to guarantee that these factors played no role in the treat...

Compliance with federal employment regulations provides two interrelated benefits to every business interested in maintaining a competitive edge. Firstly, a business which complies with federal regulations will avoid the negative financial penalties associated with noncompliance. Secondly, a business which complies with federal regulations will benefit from hiring a diverse and dynamic workforce. The negative financial p...

The term “affirmative action” has gotten stuck in its earliest conception in the minds of many, and has not been allowed to grow up to reflect its current meaning. The early debates over affirmative action, focused upon non-male, non-Caucasian minorities, gradually gave way – through a combination of factors – to a more equitable definition. In fact, it can be said that the implementation of affirmative action through age...