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Today, March 31, 2017, the annual Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark was updated on the VEVRAA Benchmark Database.  The benchmark – 6.7 percent – is effective March 31, 2017.

Contractors who adopted the previous year’s national benchmark of 6.9 percent after March 4, 2016, but prior to this announcement, may keep their benchmark at 6.9 percent.

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On March 27, 2017, President Trump signed new legislation revoking Executive Order 13673 – Fair Pay & Safe Workplaces. As a result, federal contractors will not be required to report alleged labor violations to federal agencies as part of the bid process, are not required to implement procedures to comply with required paycheck transparency, and will not be prohibited from entering into mandatory arbitration agreements concerning employee Title VII claims.

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On October 24th, 2016, one day before the new Fair Pay and Safe Workplaces Rule was to take effect, a federal judge in Texas issued a preliminary injunction shutting down the “blacklisting” rule.  The Associated Builders and Contractors of Southeast Texas filed the case against the administration.  Some of the legal arguments and notable comments by the court were as follows:

  • Claims that the Executive Order, FAR Rule, and DOL Guidance, Separately and Together, Exceed the President’s FAR Council’s, and DOL’s Authority Are Otherwise Preempted by Other Federal Labor Laws
    • There is no statutory basis to treat these “administrative merits determinations” as final and binding while they are still being contested or when they are settled without admission of fault. Thus, it appears to be a denial of fundamental statutory and constitutional rights for the Executive Order and FAR Rule to so act.
  • Claims that the Executive Order, FAR Rule, and DOL Guidance Violate the First Amendment
    • It is well settled that the First Amendment protects not only the right to speak but also the right not to speak. For this reason, government compulsion of speech has repeatedly been found to violate the Constitution. For all of the foregoing reasons, the reporting requirements of the Executive Order, the FAR Rule, and the DOL Guidance, appear to violate the First Amendment and must be preliminarily enjoined to prevent irreparable harm to Plaintiffs’ members from compelled speech that is not narrowly tailored to achieve any compelling government interest.
  • Claims that the Executive Order, FAR Rule, and DOL Guidance Violate the Due Process Rights of Government Contractors and Offerors
    • These examples of enforcement agency conduct that has later been rejected by the courts illustrate the fallacy and danger of the DOL Guidance’s definition of “violation.” Under the Executive Order and FAR Rule, a court’s vindication of a contractor’s position may well come too late. The damage to a contractor’s business and reputation stemming from a reportable “violation” later reversed cannot be undone.

You may read the full order granting preliminary injunction here. Stay tuned for more information.

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Dr. Eric M. Dunleavy, Director of the Personnel Selection and Litigation Support Services Group at DCI Consulting, spoke on behalf of the Society for Human Resource Management (SHRM) at an EEOC Public Commission Meeting on October 13th, 2016. This meeting addressed the growing use of algorithms to make employment decisions. “The question of whether employers can leverage contemporary big data for employment decision making has been answered in the affirmative,” Dr. Dunleavy acknowledged. “Whether employers should do so, and how to go about it in their particular situation, are separate questions. It will be particularly interesting to monitor the research and practice literature over the coming years as more relevant information related to big data tools becomes available.”

You may read Dr. Dunleavy’s written testimony here.

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The Labor Department and the Federal Regulatory Council published final guidance and regulation on the Fair Pay and Safe Workplaces.  DCI will evaluate this new rule and will provide insight and perspective in the near future.

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How to Reduce Turnover Using Selection Techniques

DCI will be hosting the next installment in its Webinar Wednesday series on Wednesday October 14, 2015 from 2-2:30 pm EDT.

Tune in to this Webinar Wednesday for a discussion of the benefits of such systems, which include:

  • Fair selection of a suitable workforce that is unlikely to leave the organization
  • Elimination of pattern-or-practice claims of discrimination
  • Defense against adverse impact claims of discrimination
  • Elimination of OFCCP “steering” claims

DCI’s Kayo Sady & Emilee Tison will be presenting this webinar.

Please click here for complimentary registration. For a complete list of topics and dates, please refer to our schedule.

 

 

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Steering: Full Speed Ahead with the OFCCP 

DCI will be hosting the next installment in its Webinar Wednesday series on Wednesday June 10, 2015 from 2-2:30 PM ET.

This webinar segment will leave attendees with best practice processes to adopt in order to minimize risk of steering allegations. Presenters will provide clarifying information on the following questions:

  • What is steering and when will OFCCP suspect it?
  • Has OFCCP entered into any recent conciliation agreements with contractors and if so, what were the circumstances of the case?
  • How do contractors manage and minimize risk of steering allegations (e.g. refine current outreach and applicant processes)?

DCI’s Keli Wilson and Joanna Colosimo will be presenting this webinar.

Please click here for complimentary registration. For a complete list of topics and dates, please refer to our schedule.

 

 

 

 

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Admin By: Admin,
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OFCCP updated the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark Database on its website, based on 2014 end-of-year data from the Bureau of Labor Statistics (BLS). Now, the Annual National Benchmark is 7 percent – a slight drop from the previous 7.2 percent benchmark. National and state information has also been updated in the VEVRAA Benchmark Database for federal contractors and subcontractors who calculate an individualized hiring benchmark using the five-factor method.

The Annual National Benchmark, as well as data for calculating individual hiring benchmarks, can be found at http://www.dol-esa.gov/errd/VEVRAA.jsp.
Effective March 24, 2014, contractors required by VEVRAA to develop a written affirmative action program (AAP) must also establish a hiring benchmark for protected veterans each year or adopt the national benchmark provided by OFCCP. Contractors should use the result of this comparison when assessing the effectiveness of their veteran outreach and recruitment efforts. This VEVRAA Benchmark Database provides additional information regarding the establishment of hiring benchmarks and easy access to the national and State data that may be needed to establish these benchmarks.
For more information about VEVRAA requirements, please visit http://www.dol.gov/ofccp/regs/compliance/vevraa.htm.

Please reference our recent blog related to our prediction that the VEVRAA hiring benchmark would be lowered to 7%.

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The 30th annual conference of the Society for Industrial/Organizational Psychology (SIOP) will take place in Philadelphia, PA April 23rd-25th.  Once again DCI staff are well represented across a number of interesting sessions related to EEO/AA issues. The table below summarizes DCI staff involvement at SIOP. Staff will also attend other useful sessions and summarize those in a blog sometime in May. If you have any questions related to these sessions please reach out to us; we hope to see some of you at the conference.

Presenters
Session Title
Session Type

David Cohen, M.S., DCI President

OFCCP and EEOC Enforcement Trends: Practical Tips for Mitigating Risk

Pre-conference Workshop

Eric Dunleavy, Ph.D

Kayo Sady, Ph.D.

Michael Aamodt, Ph.D.

 Art Gutman, Ph.D.

Novel Research and Advances in Biodata

Symposium/Forum

Joanna Colosimo, M.A.

 Keli Wilson, M.A.

Art Gutman, Ph.D.

Attracting and Retaining Qualified Individuals with Disabilities: A Contemporary Update

Panel Discussion

Kayo Sady, Ph.D.

 Michael Aamodt, Ph.D.

 Eric Dunleavy, Ph.D.

Faces in a Crowd: Data Aggregation Issues in Legal Scenarios

Symposium/Forum

Eric Dunleavy, Ph.D.

 Art Gutman, Ph.D.

Legal Defensibility of Selection Practices

Community of Interest

Michael Aamodt, Ph.D.

Using Background Checks in the Employee Selection Process

Master Tutorial

Vinaya Sakpal, M.P.S.

Leveraging an I/O Internship for Career Excellence

Panel Discussion

Kayo Sady, Ph.D.

 Michael Aamodt, Ph.D.

Performance Appraisal – Balancing Business Needs  and Legal Defensibility

Panel Discussion

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On July 21, 2014, President Obama signed Executive Order 13672 extending workplace protections to employees in the federal contracting workplace on the bases of sexual orientation and gender identity. This Executive Order amended Executive Order 11246 and directed the Secretary of Labor to prepare regulations implementing the new protections. As a result, on December 3, 2014, the Department of Labor announced a Final Rule changing OFCCP’s regulations so that they prohibit discrimination based on, and require treatment of applicants and employees without regard to, sexual orientation or gender identity.

The regulations will be posted on the Federal Register on Friday December 5th.

http://www.dol.gov/ofccp/LGBT.html

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News

Really, I Come Here for the Food: Sex as a BFOQ for Restaurant Servers

Michael Aamodt, Principal Consultant at DCI Consulting Group, wrote an article featured in SIOP’s TIP publication, January 2017.

Recent Blog Posts

EQUAL PAY DAY: BE AWARE AND PROACTIVE!

Today, April 4, 2017, people across the United States will observe a national day to bring awareness around the gender pay gap. This date symbolizes how far into 2017 women must work to earn what men made in 2016, based on national pay averages.

On Equal Pay Day in 2014, President Obama signed an executive order to strengthen pay transparency for federal contractors.

In observance of Equal Pay Day, it is important to be mindful by evaluating compensation systems in organizations.  Conducting a proactive pay equity study to ensure disparities by both sex and race are due to legitimate factors is imperative for organizations.  Also, exploring proactive analytics such as a Shareholder Wage

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