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Two recent OFCCP settlements emphasize the importance of monitoring adverse impact throughout all steps of the hiring process: Gordon Food Service (GFS) and The Aqualon Company.

GFS, a food distribution company, implemented a hiring process that

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DCI has recently seen an increase of audit “pre-requests,” in which a compliance officer requests that a contractor submit additional items to those found in the Itemized Listing. This request is made by OFCCP prior to receiving the

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The majority ruling was written by Justice Kennedy (for Breyer, Ginsburg & Sotomayor).  Justice Thomas wrote a one-page dissent in which he opined that he would have overturned Grutter v. Bollinger (2003, and a much longer dissent by Alito (for

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OFCCP has updated the annual Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark, which is based on 2015 end-of-year data from the Bureau of Labor Statistics (BLS). Effective on March 4, 2016, the Annual National Benchmark is now

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In OFCCP v. Bank of America (BOA), the Administrative Review Board (ARB) overturned OFCCP’s allegation that BOA discriminated against Blacks in 2002-2005. As described in another blog in this series, the basis for the ARB reversal of the

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In an earlier blog  in this alert, Art Gutman summarized the April 21, 2016  Department of Labor Administrative Review Board (ARB) ruling related to a long-standing set of OFCCP allegations against Bank of America (BOA). This ruling serves as a

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As reported previously, an Administrative Law Judge (ALJ) found Bank of America (BOA) (previously Nations Bank) guilty of a pattern or practice of discrimination of race discrimination in hiring for entry level jobs, and was ordered to pay $964,033

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On May 11, OFCCP announced that Gordon Food Service (GFS) settled with the agency, agreeing to pay $1.85 million to female applicants to resolve allegations of hiring discrimination for laborer positions at four separate locations:  two in

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