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BT Currents - Hot Topics in Employment Law
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21 Jan 2014 Contractors Await Ruling On Legal Challenge to OFCCP’s New Disability Regulations

As federal contractors prepare to comply with new “Section 503” disability regulations adopted by the Office of Federal Contract Compliance Programs (OFCCP), the enforceability of those regulations has come under a significant legal challenge. Although those regulations are set to take effect in March 2014, a legal challenge to the enforceability of those regulations – which now has the support of the HR Policy Association – may delay that deadline for all contractors. On Sept. 24, 2013, the OFCCP published its new regulations in the…

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19 Aug 2013 OFCCP Champions the Rights of Male Workers

Who said no one cares about the white male under 40? Take heart men – the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) cares about you and your employment rights. As part of an affirmative action audit of a government contractor, OFCCP found that the contractor discriminated against males applying for entry-level positions that involved contact with the public.  Perceptions that women have better customer service skills played into hiring decisions favoring women, found OFCCP. As a result, 200 qualified male applicants did not…

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26 Jun 2013 U.S. Supreme Court Directs 5th Circuit Court of Appeals to Re-Examine University of Texas’ Race-Conscious Admissions Policies

On Monday, June 24, 2013, the U.S Supreme Court issued a much-anticipated ruling in the first affirmative-action case since the 2003 landmark decisions of Gratz v. Bollinger and Grutter v. Bollinger.  However,  Monday’s ruling in Fisher v. University of Texas at Austin did not reach the merits of the school’s policy, holding that the 5th Circuit Court of Appeals applied the incorrect standard of review. For academic institutions that have race-conscious admissions policies, this case does not alter the current legal requirement that such polices be “narrowly…

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16 May 2013 OFCCP Notice Issued Regarding New Census EEO Tab

The Office of Federal Contract Compliance Programs (OFCCP) has issued a notice regarding the date on which federal contractors must begin using the 2006-2010 EEO Tabulation (2010 EEO Tab), which was released to the public on Nov. 29, 2012.  Effective Jan. 1, 2014, federal contractors must begin using the 2010 EEO Tab to develop all Affirmative Action Programs (AAPs) and the OFCCP, likely, will begin using the same at that time. As federal supply and service contractors may know, the employers must prepare and maintain AAPs…

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05 Apr 2013 D.C. District Court Finds That OFCCP Requirements Extend to Hospitals with HMOs

The federal district court for the District of Columbia recently ruled that three hospitals were deemed to be subcontractors and subject to the Office of Federal Contract Compliance Program’s (OFCCP) jurisdiction and reporting requirements because of the hospitals’ contractual relationships with an HMO. As a result, the district court held that the hospitals were subject to the EEO and affirmative action requirements of an Executive Order 11246, the Rehab Act and VEVRAA. In UPMC Braddock v Harris, the three hospitals subcontracted with UPMC Health Plan…

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16 Nov 2012 En Banc Sixth Circuit Strikes Down Portions of Michigan’s Constitutional Amendment on Affirmative Action

Yesterday (Nov. 15, 2012), the United States Court of Appeals for the Sixth Circuit, sitting en banc, voted 8 to 7 to strike down portions of the amendment to Michigan’s constitution that barred the use of affirmative action in the admissions to public colleges and universities. The copy of the decision can be found here. In 2006, Michigan voters passed a referendum known as Proposal 2, which amended the Michigan Constitution to bar discrimination, as well as preferential treatment, toward “any individual or group on…

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04 Sep 2012 OFCCP Audits Focus on Veteran Hiring

Although the new veterans hiring rules have been delayed, the Office of Federal Contract Compliance Programs (OFCCP) will focus its audits in aggressively interpreting the current regulations to support the affirmative action policies. The OFCCP has proposed new rules for veterans that would require contractors to track those who apply for jobs and write reports explaining decisions not to hire protected veterans. However, these proposed regulations have been delayed for at least nine months. Despite the regulatory delay, the OFCCP will use the audits as…

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