The OFCCP Digest Volume 7, Issue 5

Contractors Should Note: Seventh Circuit Sets Up Sexual Orientation Split for SCOTUS Topic: EEO
By now you have certainly heard of the landmark en banc opinion recently handed down by the Seventh Circuit in Hively v. Ivy Tech Community College. On April 4, 2017, the Seventh Circuit reversed its own precedent and became the first federal appellate court to rule that Title...more
	Jenny Goltz, Esq. Member, Cozen O'Connor	Brian Bulger, Esq. Of Counsel, Cozen O’Connor

EEO-1 101: The Fundamentals of Employer Information Reports Topic: EEO
Whether or not the U.S. Equal Employment Opportunity Commission’s (EEOC) plan to revise EEO-1 reports to also require reporting of wages and hours worked ever comes to fruition, filing accurate EEO-1 reports is important—especially for federal contractors and subcontractors...more
	Janet Lewis, Esq. Of Counsel, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Equal Pay for Equal Work Topic: Compensation
April 4, 2017, was Equal Pay Day. The Equal Pay Act, which requires that men and women get equal pay for equal work, was enacted in 1963, more than 50 years ago. Yet, women in the United States earn an average of 79 cents for every dollar earned by men. And the wage...more
	Judy Lindenberger President, The Lindenberger Group, LLC

Lessons from OFCCP's Settlement with Bank of America Topic: OFCCP Audits
The Department of Labor recently settled a nearly 25-year-old hiring discrimination case with NationsBank, which later merged with Bank of America. The settlement ends an audit the Office of Federal Contract Compliance Programs (OFCCP) began on November 24, 1993. The...more
	Pamela Ploor, Esq. Partner, Quarles & Brady LLP

What If Your Organization Gets Sued for Employment Testing? A Case Study of an EEO Employment Test Validation Suit: Smith vs. City of Boston - Part 2 Topic: EEO
In Part 1 we examined the court’s ruling on whether or not disparate impact had occurred. We will now examine the court’s ruling on the validity of the test. Since disparate impact was demonstrated, the second ruling of the case was whether the 2008 test was both job...more
	Chris Atkinson Test Development and Validation Consultant

Ask the Experts is an online forum where federal contractors and subcontractors are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. Simply register your company on LocalJobNetwork.com to submit a question. Questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.

Question: EEO Tagline Statement on Every Job Ad?

I am new to my company and realized that our company website uses the proper tagline. However, it is not being put onto every open job ad. Does it need to be, or are we covered by having it on the website? On a related note, when we post positions on social media such as LinkedIn or Facebook, we are not considering them to have applied until they go to our website and fill out the company application. As such, we are not putting the EEO tagline on those postings. I believe we should be. Can you verify that is correct?

Answered by Lisa Kaiser from Kaiser Law Group:

According to the regulations enforced by the OFCCP, contractors are required to include language that "all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin" (the tagline) in "all solicitations or advertisements." So yes, your instincts are correct. The proper language needs to be in place in every advertisement, whether it is social media or another site, and not just upon application on the company's website. One can never go wrong including the tagline, so I would encourage you, if there is a situation where you may be in doubt, to include it. Please let me know if you need additional information!

DOL Releases Updated Inclusive Workforce Reference Guide

The Department of Labor has released an updated version of its step-by-step reference guide to help employers formulate strategies and programs for including people with disabilities in their workforce. This guide provides assistance in areas such as recruiting, hiring, and creating an inclusive culture. Building an Inclusive Workforce was developed by the Office of Disability Employment Policy (ODEP) and is available to download for free

Alexander Acosta Sworn in as New Secretary of Labor

Alexander Acosta, President Donald Trump’s nominee for United States Secretary of Labor, was officially named to the position on April 28, 2017. Acosta served as the Assistant Attorney General for the Department of Justice’s Civil Rights Division and was a member of the National Labor Relations Board.

Read more DOL Highlights throughout the month for timely updates.

Contact Us
The OFCCP Digest is a complimentary resource featuring affirmative action, equal employment opportunity, and government compliance topics. Previous editions are available for easy reference on The OFCCP Digest Archives page. To subscribe or to provide feedback, email OFCCPDigest@LocalJobNetwork.com.

The opinions expressed in this newsletter are the opinions of the individual author(s) and do not necessarily reflect the opinions of the Local JobNetwork™. The information appearing in this newsletter is meant to provide the reader with a general understanding of topics relating to OFCCP compliance requirements and is not legal advice. If you are seeking legal advice to address OFCCP compliance issues or requirements, you should consult an attorney. The Local JobNetwork™ expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this newsletter.