tag:blogger.com,1999:blog-263197142012-01-19T11:54:08.668-05:00Your source for the latest news and regulatory information in the EEO/Affirmative Action field. <!-- <br> <p> <big><center><strong><a href="http://ofccp.blogspot.com/2006/06/register-for-dci-teleconference-on.html#Overview">OFCCP'S FINAL COMPENSATION GUIDELINES RELEASED - CLICK HERE FOR DETAILS</a></strong></center></big> -->DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.comBlogger596125tag:blogger.com,1999:blog-26319714.post-13149194991623204602012-01-19T11:49:00.002-05:002012-01-19T11:54:08.676-05:002012-01-19T11:54:08.676-05:00

DCI Consulting is excited to release its 2012 Equal Employment Opportunity (EEO) and Affirmative Action (AA) Training program. This program is catered toward HR practitioners, compliance analysts, and lawyers in both internal and external counsel roles. Click here to see the training scheduleDCI is offering 6 seminars in the first half of 2012, and will be adding additional training (e.g.,

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-59375411016682922562012-01-19T11:43:00.001-05:002012-01-19T11:44:50.854-05:002012-01-19T11:44:50.854-05:00

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyJacintoPort, a subsidiary of Seaboard Corp., has $1.2+ million in federal contracts to store and transport cargo with the Defense Commissary Agency. Interestingly, the allegations against JacintoPort amount to discrimination against white and black applicants based on favoritism for Hispanic applicants. The settlement was announced

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-16623685098181568692012-01-19T11:30:00.004-05:002012-01-19T11:42:30.675-05:002012-01-19T11:42:30.675-05:00

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe EEOC announced on 1/11/12 that Pepsi Beverages has agreed to a 1.3 million settlement to head off litigation (see http://www.eeoc.gov/eeoc/newsroom/release/1-11-12a.cfm). Most of the money will be divided among black applicants who applied for positions, with a portion reserved for administration and claims expenses.

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-50770836479773447922012-01-19T11:17:00.007-05:002012-01-19T11:29:32.515-05:002012-01-19T11:29:32.515-05:00

by Eric Dunleavy, Keli Wilson and Joanna Colosimo, DCI Consulting Group During the week of December 19th, the OFCCP issued Corporate Scheduling Announcement Letters (CSALs) to the federal contractor community. The letters were sent to those federal contractors that have an establishment(s) identified for a potential compliance evaluation by the OFCCP during the current scheduling cycle. It is

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-43010727081196984662012-01-18T13:16:00.002-05:002012-01-18T13:20:32.314-05:002012-01-18T13:20:32.314-05:00

by Fred Satterwhite, Principal Consultant, DCI Consulting GroupOFCCP submitted a "Notice of Proposed Rescission, Interpreting Nondiscrimination Requirements of Executive Order 11246 With Respect to Systemic Compensation Discrimination and Voluntary Guidelines for Self-Evaluation" to the Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA) on January 17, 2012.This

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-12036613614136216892012-01-11T14:05:00.003-05:002012-01-11T14:09:47.372-05:002012-01-11T14:09:47.372-05:00

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe NDAA was signed into law on 12/31/11. Critically, Section 715 of the NDAA exempts TRICARE providers from coverage as federal contractors (see link below). http://hr.blr.com/HR-news/Discrimination/Government-Contractors/nt1-Obama-Signs-NDAA-Affects-TRICARE-Providers/TRICARE is the healthcare program that covers active duty

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-88565051464671282832012-01-11T13:41:00.006-05:002012-01-11T15:22:52.934-05:002012-01-11T15:22:52.934-05:00

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyBoA Suffers a Loss that Likely Benefits All Federal Contractors in the FutureBoA issued a 4th Amendment challenge to an OFCCP request for information for an on-site review under the threat of debarment. The case was heard by US Magistrate Judge Deborah A. Robinson of the District Court of the District of Columbia on 12/13/11. A link

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-81393668013042858872012-01-04T13:31:00.002-05:002012-01-04T13:34:22.829-05:002012-01-04T13:34:22.829-05:00

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe results of the GAO study were reported by USA Today columnist Mary Beth Marklein on 12/28/11 (see http://www.app.com/usatoday/article/52260590). According to Marklein, the study was done at the request of three members of the House of Representatives. The main allegation is that the DOJ has failed to enforce laws “that provide

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-46073699592406474742012-01-03T14:10:00.004-05:002012-01-03T14:14:45.563-05:002012-01-03T14:14:45.563-05:00

The Office of Federal Contract Compliance Programs (OFCCP) released the Corporate Scheduling Announcement Letter (CSAL) for its scheduling of the FY2012 compliance evaluations. The letters were sent out on or about December 20, 2011. Historically, OFCCP would not send out a CSAL letter to those contractors’ who were scheduled for only one compliance evaluation. However, OFCCP has departed from

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-16352699822291710382011-12-08T16:11:00.005-05:002011-12-08T16:20:46.740-05:002011-12-08T16:20:46.740-05:00

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyMy preview of the (then) proposed EEOC rules for the ADEA was posted in an Alert on 11/15/11. The next day, Eric Dunleavy attended the actual meeting in which these rules were finalized. Eric summarized the meeting in an Alert posted on 11/18/11, in which the ADEA rules were finalized in a 3-2 Commission vote that was totally

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-31595044001859201442011-12-08T16:09:00.002-05:002011-12-08T16:10:39.935-05:002011-12-08T16:10:39.935-05:00

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe complaint was filed on 12/1/11 with the OFCCP’s Office of Administrative Law Judges (OFCCP v. Lund Boat Co. and Brunswick Corp.
Case Number: 2012-OFC-00002; see http://www.dol.gov/opa/media/press/ofccp/OFCCP20111625.htm). The complaint alleges that Lund Boat Company discriminated against more than 200 women for entry-level

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-76620622767753384632011-12-08T16:06:00.002-05:002011-12-08T16:08:52.339-05:002011-12-08T16:08:52.339-05:00

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn 10/9/09, a letter written to the EEOC asked the following question: [Does] the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act of 2008 (ADAAA), prohibit the State of Tennessee from requiring students with learning disabilities to take “Gateway tests” or “end-of-course assessments” in order to receive

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-73109663315694178942011-12-08T16:00:00.004-05:002011-12-08T16:04:16.670-05:002011-12-08T16:04:16.670-05:00

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe revision is scheduled for publication in the Federal Register on 12/9/11. At issue are regulations relating to affirmative action provisions, and specifies actions contractors and subcontractors must take with respect to qualified individuals with disabilities. The revision may be accessed at http://federalregister.gov/a/2011-

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-50281262026674637452011-12-08T15:51:00.004-05:002011-12-08T16:05:34.692-05:002011-12-08T16:05:34.692-05:00

OFCCP Releases Notice of Proposed Rulemaking on Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals with DisabilitiesBy David Cohen, President, DCI Consulting Group On December 8th, 2011 OFCCP released a long-awaited Notice of proposed rulemaking (NPRM) related to Section 503 of the Rehabilitation Act of 1973, which covers affirmative

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-53805791378461807352011-11-30T15:33:00.004-05:002011-11-30T15:36:49.527-05:002011-11-30T15:36:49.527-05:00

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe complaint was filed on 11/29/11 with the OFCCP’s Office of Administrative Law Judges (see http://www.dol.gov/opa/media/press/ofccp/OFCCP20111648.htm). It alleges that Cargill “systematically discriminated against 4,069 qualified female, white, black, Hispanic and Native American applicants who sought entry-level production jobs

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-27069752244325773932011-11-30T11:19:00.005-05:002011-11-30T15:33:09.266-05:002011-11-30T15:33:09.266-05:00

by Eileen Curtayne, Ph.D., DCI Consulting GroupThe government is responding to the return of our military service members with various initiatives to increase veterans’ employment opportunities in the civilian workforce. One initiative that will directly affect the federal contractor community is the proposed revisions to the Affirmative Action regulations for Veterans (i.e. Section 4212). DCI

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-18270289379995661162011-11-18T13:54:00.000-05:002011-11-18T13:55:28.632-05:002011-11-18T13:55:28.632-05:00

DCI has learned that Bradley A. Anderson will become the Director of OFCCP’s Midwest Regional Office. Director Anderson has been with the agency for 16 years and was most recently the director of the Charlotte District Office in North Carolina. The Midwest region had been run by SWARM Regional Director Melissa Speer since former Midwest Regional Director Sandy Zeigler stepped down earlier in the

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com1tag:blogger.com,1999:blog-26319714.post-63819086588923711652011-11-18T13:45:00.003-05:002011-11-18T13:53:58.002-05:002011-11-18T13:53:58.002-05:00

by Eric Dunleavy, Ph.D., DCI Consulting GroupOn November 16th the EEOC held their last public meeting of calendar year 2011. I was able to attend the meeting, which focused on (1) ADEA regulations and (2) disabled veteran equal employment opportunity (EEO). The meeting began with an EEOC Commissioner discussion and eventual vote on proposed EEOC regulations related to defending adverse impact

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-33274058643619868372011-11-18T13:41:00.003-05:002011-11-18T13:45:40.604-05:002011-11-18T13:45:40.604-05:00

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn an unusual show of bipartisan support, the Senate voted 95-0 on 11/10/11 to pass the “Vow to Hire Heroes Act” (or simply the “Act”). The Act is designed to help unemployed veterans find work via a two-pronged approach. The first prong involves incentives to employers, including:A tax credit of up to $5,600 for hiring veterans who

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-89340304208737544412011-11-18T12:07:00.002-05:002011-11-18T12:13:11.623-05:002011-11-18T12:13:11.623-05:00

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyA new Memorandum of Understanding (MOU) between the EEOC and OFCCP was signed on 11/7/11 by EEOC Director Jacqueline A. Berrien and Patricia A. Shui and may be viewed at http://www.eeoc.gov/laws/mous/eeoc_ofccp.cfm. The original MOU was entered into in 1970, and revised in 1974, 1981 and 1999. According to the EEOC, the updates

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-90577285433574834202011-11-18T11:59:00.002-05:002011-11-18T12:02:17.266-05:002011-11-18T12:02:17.266-05:00

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe refusal to grant certiorari in this case was handed down on 11/14/11 (2011 U.S. LEXIS 8265). Ordinarily, refusal to grant certiorari is no big deal … indeed, it’s the norm, not the exception. But this case has some interesting facts in light of the Supreme Court’s ruling in Wal-Mart v. Dukes (2011).This case began in 1999 when

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-55141650698778975592011-11-15T13:35:00.003-05:002011-11-15T13:50:01.043-05:002011-11-15T13:50:01.043-05:00

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe proposed rules (or simply “Rules”) were published on 2/18/10, as reported in an Alert on 3/2/10. The Rules may be viewed at http://edocket.access.gpo.gov/2010/2010-3126.htm. The vote to finalize the Rules is scheduled for 11/16/11, the call for which is at http://www.eeoc.gov/eeoc/newsroom/release/11-9-11.cfm.The Rules

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-84974952915031098212011-11-15T11:08:00.009-05:002011-11-15T14:09:52.528-05:002011-11-15T14:09:52.528-05:00

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a ruling on 10/26/11, Judge John E. Conway of the District Court of New Mexico ordered the EEOC to pay $140,000 in attorneys’ fees to Tricore Reference Labs for “frivolous, unreasonable, or groundless” pursuit of an ADA claim (EEOC v. TriCore Reference Labs., D.N.M., No. 09-CV-956 JEC/DJS). This is the latest in a list of setbacks

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com0tag:blogger.com,1999:blog-26319714.post-30845877395141142992011-11-15T11:03:00.003-05:002011-11-15T11:08:14.890-05:002011-11-15T11:08:14.890-05:00

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a ruling by Administrative Law Judge (ALJ) Linda S. Chapman, the law firm of O’Melevny & Myers (or simply the “Firm”) was deemed a federal contractor subject to the provisions of Executive Order 11246, the Rehabilitation Act, and the Vietnam Era Veterans' Readjustment Assistance Act (OFCCP v. O'Melveny & Myers LLP, DOL OALJ, No.

DCI Consulting Group, Inc.http://www.blogger.com/profile/06035553808733155178noreply@blogger.com1tag:blogger.com,1999:blog-26319714.post-6332489647016443582011-11-15T10:55:00.004-05:002011-11-15T11:01:33.851-05:002011-11-15T11:01:33.851-05:00

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn November 14th, 2011 a D.C. District Court judge dismissed a complaint by United Space Alliance that OFCCP violated its 4th amendment and other rights by requesting detailed employee compensation data without reason. We reviewed this case in March when it was before an Administrative Law Judge. This is a rare case in that United

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