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BT Currents - Hot Topics in Employment Law

04 Sep OFCCP Issues New Directive for Analyzing Compensation

Organizations doing business with the federal government may be subject to affirmative action requirements, overseen by the Office of Federal Contract Compliance Programs (OFCCP). In an effort to provide more transparency and efficiency in its compliance evaluations, the OFCCP recently issued a new directive providing information on how it will analyze contractor compensation.   Under Executive Order 11246, covered contractors and subcontractors are required to periodically self-audit their compensation practices to identify and eliminate pay disparities based upon race/national origin and gender. If selected for…

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19 May Current Administration Considers EEOC and Labor Department Subagency Merger

  The Trump administration is reportedly considering a potential merger between the Equal Employment Opportunity Commission (EEOC) and a Labor Department subagency that enforces nondiscrimination requirements and affirmative action on government contractors.   The recommendation to merge the two entities originated from The Heritage Foundation, a Washington-based conservative research think tank. In its report, “Blueprint for Reform: A Comprehensive Policy Agenda for a New Administration in 2017,” The Heritage Foundation previously called for a complete phasing out of the Department of Labor’s Office of Federal…

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19 Feb EEOC Challenges Standard Severance Agreement Language

  A new EEOC lawsuit could have repercussions on employers’ standard severance agreements. At issue in the lawsuit, which was filed last week in the Northern District of Illinois, is the language of a standard severance agreement which – according to the EEOC – unlawfully prevents employees from communicating with the agency or filing discrimination claims.   As many employers know, general principles of contract law allow an employee who enters into a severance agreement to waive the right to file a legal claim seeking…

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27 Nov Construction Contractor Sues OFCCP To Block New Regulations

Recently, a construction trade association filed suit in federal court seeking to block the OFCCP’s new “Section 503” regulations on recruiting and hiring disabled persons from taking effect. Whether or not injunctive relief is granted, this lawsuit highlights the increased data-collection challenges that the OFCCPs new regulations will require for all federal contractors. On Nov. 19, 2013, Associated Builders and Contractors, Inc. (ABC) sued the Office of Federal Contract Compliance Programs (OFCCP) and the U.S. Department of Labor (DOL) in the U.S. District Court for…

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09 Oct Government Shutdown Continues And Enforcement Agencies Remain Closed

As we enter the second week of the government shutdown, the federal enforcement agencies remain closed. Among the closed enforcement agencies are the Equal Employment Opportunity Commission (EEOC) and the Department of Labor (DOL). Each agency has prepared contingency plans during the course of the shutdown. Although the Equal Employment Opportunity Commision (EEOC) is currently closed, it has indicated that the time limits for filing a charge of discrimination will not be extended during the shutdown. Instead, claimants are encouraged to still file the charge during the closure and…

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