| Government Compliance - Unemployment Status Discrimination and OFCCP Enforcement
by Sandra Zeigler, Esq. and Jacquelyn Peterson - Feb, 2014
The Office of Federal Contract Compliance Programs (OFCCP) asked employers to pledge to not use an individual's unemployment status as a consideration when making hiring decisions. To what extent, if any, can the current laws enforced by the OFCCP be used to address this? Sandra Scott Zeigler, Esq., a recognized authority on Federal EEO enforcement with 25 years of experience divided equally between the EEOC and OFCCP, sheds...
Similarly Situated - What Does It Mean and Why is it Important?
by Sandra Zeigler, Esq. - Mar, 2014
The determination of who is similarly situated is central to the prosecution and defense of a discrimination case. This is because determining whether discrimination actually occurred is a comparative exercise. Whether in self-audits or in the defense of allegations of discrimination, it is important for contractors to understand how to identify who is similarly situated to whom for purposes of equal opportunity analysis....
Unemployment Status Discrimination and OFCCP Enforcement
by Sandra Zeigler, Esq. - Feb, 2014
Recently the administration called on corporations to pledge not to use unemployment status as a selection criterion in their hiring decisions. According to various media reports at least 300 corporations have taken this pledge including a number of major federal contractors. The purpose of this article is to discuss whether and to what extent the laws currently enforced by OFCCP can be used to address this issue. OFCCP en...
Contract Compliance in the Context of Transgender Discrimination
by Sandra Zeigler, Esq. - Jan, 2014
I recently received, from former OFCCP colleagues, a copy of an article posted on Buzzfeed.com on December 4, 2013. The headline read, "Federal Official Refuses to Say Whether Office is Protecting Trans Workers." Apparently, the only response the agency was willing to offer was a reiteration that, "OFCCP follows Title VII precedent in everything." The purpose of this article is to shed some light on what that response may actu...
OFCCP and Data Transparency
by Sandra Zeigler, Esq. - Nov, 2013
Contractors are expected to scrupulously document their efforts to broaden recruitment, detect discrimination and to prepare for potential OFCCP compliance evaluations. OFCCP should similarly be expected to document and make readily available to the public its enforcement accomplishments. Doing so would be consistent with the pledge of government transparency on which this administration prides itself. It would sensitize contr...
OFCCP's New "Model Conciliation Agreement for Compensation"
by Sandra Zeigler, Esq. - Oct, 2013
Addendum A to Chapter 8 of the revised OFCCP Federal Contract Compliance Manual (FCCM) dated July 2013 is a "Model Conciliation Agreement for Compensation" (hereafter, Model CA). Chapter 8H01 entitled, "Contents of A Conciliation Agreement" discusses the standard text conciliation agreement that has been the template for all OFCCP conciliation agreements for years. There is no discussion in this section of the Model Conciliati...
OFCCP Final Rules: A Step in the Right Direction
by Sandra Zeigler, Esq. - Sep, 2013
The long awaited Section 503 (disability) and Section 4212 (protected veterans) regulations have finally been issued. Much fear and trepidation has been generated in the Federal Contractor community over the last few years over the possible impact of these new rules on the regulated community. Federal Contractors raised significant concerns about the prescriptive nature, the efficacy, and the burden hours of many of the prop...
New OFCCP Directive on Back Pay
by Sandra Zeigler, Esq. - Aug, 2013
On July 17, 2013, the Office of Federal Contract Compliance Programs (OFCCP) issued a new directive on how to calculate back pay for victims of employment discrimination. The Directive serves at least two purposes. First, it memorializes current practices in the calculation of monetary remedies at OFCCP. Second, it resolves some open questions or variations in the approach to the basic calculation of remedies between the Regio...
Obesity and the ADA
by Sandra Zeigler, Esq. - Jul, 2013
Disease vs. Disability On June 18, 2013, the American Medical Association (AMA) voted to classify obesity as a disease. According to all reports, this decision does not, by itself, carry any legal weight. However, it could influence the way obesity is treated in developing public policy on the issue. In fact, public policy has been trending this way for a while. One of the earliest cases discussing obesity and disability...
The Unexpected Race Discrimination Victim
by Sandra Zeigler, Esq. - Jun, 2013
The unexpected victim in OFCCP and EEOC race cases is a white, or as OFCCP likes to call it, a non-minority, victim. The historical reasons for this are well known. The civil rights laws were developed to counteract the societal bias that favors white applicants and/or employees. However, the fact that such cases are rare does not mean they are non-existent. The civil rights laws prohibit discrimination on the basis of ra...
Salary Negotiation as Disparate Impact
by Sandra Zeigler, Esq. - May, 2013
In presentations I have made around the country, I have occasionally raised the question of whether the practice of permitting negotiation of starting salaries is susceptible to challenge under a disparate impact theory. This article explores that question further. Disparate impact occurs when a practice that is fair in form -- because it applies equally to all employees or applicants -- has a disproportionally negative...
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