Q&A: Internal management communications aren’t confidential
Vigilant » Harassment & Discrimination
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4M ago
: For weeks our management team has been trading internal emails discussing why we need to terminate an employee who isn’t meeting performance standards. In the most recent email thread, one manager said that he wants to move more quickly to fire the employee because the employee reported workplace harassment a few ..read more
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Federal contractors settle discrimination claims with OFCCP
Vigilant » Harassment & Discrimination
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6M ago
The Office of Federal Contract Compliance Programs (OFCCP) has announced numerous financial settlements with federal contractors in recent months. Most settled allegations of hiring discrimination on the basis of race/ethnicity or gender, which came to light during the agency’s routine reviews of the companies’ affirmative action plans (AAPs). A few settlements were made ..read more
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OFCCP expands data requests in audit scheduling letter
Vigilant » Harassment & Discrimination
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7M ago
The Office of Federal Contract Compliance Programs (OFCCP) recently expanded the data requests in its Supply and Service Scheduling Letter and Itemized Listing, the letter it sends to federal contractors requiring submission of data within 30 days to kick off an affirmative action audit. The letter applies to OFCCP compliance ..read more
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Q&A: Federal contractors still subject to affirmative action duties
Vigilant » Harassment & Discrimination
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8M ago
Now that the Supreme Court has ruled that the affirmative action programs at Harvard and the University of North Carolina are unconstitutional, what does this mean for the written affirmative action plans (AAPs) that we’re required to maintain as a federal contractor? From a legal standpoint, the decision has no ..read more
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Undue hardship for religious accommodation must be substantial
Vigilant » Harassment & Discrimination
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9M ago
The U.S. Supreme Court recently ruled that an employer who claims “undue hardship” as the reason for denying a worker’s request for a religious accommodation under Title VII of the Civil Rights Act must be able to show it would incur “substantial increased costs in relation to the conduct of its particular business ..read more
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Q&A: Offensive music in workplace subject to anti-harassment policy
Vigilant » Harassment & Discrimination
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10M ago
A new employee complained about the “vulgar” lyrics in songs playing on the warehouse radio. The shift supervisor usually chooses a local radio station, and nobody has a problem with it. Do we really have to monitor the content of background music we provide to employees to help make the day go ..read more
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OFCCP secures settlements from federal contractors in early 2023
Vigilant » Harassment & Discrimination
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10M ago
During the first five months of 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced some interesting financial settlements with federal contractors, although none of the companies admitted liability. Ordinarily, OFCCP settlements occur as the result of randomly scheduled affirmative action audits (compliance reviews) of federal contractors with at ..read more
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OFCCP revises its directive on compensation analysis
Vigilant » Harassment & Discrimination
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1y ago
On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) updated the pay equity directive it had published just five months earlier (which we reported here). OFCCP compliance officers will now follow Directive 2022-01 Revision 1 (Advancing Pay Equity Through Compensation Analysis) when conducting affirmative action audits of ..read more
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Q&A: Plan ahead before downsizing
Vigilant » Harassment & Discrimination
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1y ago
: Times are tough, and we might have to lay off employees or downsize. What do we need to think about beforehand and what steps do we need to take in advance? : Two words: plan ahead. Planning for a reduction in force (RIF) and making sure everything is in order ..read more
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Q&A: Eliminating contact with a coworker unreasonable under ADA
Vigilant » Harassment & Discrimination
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1y ago
One of our employees requested a disability accommodation under the Americans with Disabilities Act (ADA). He suffers from anxiety and depression and his doctor recommended that he not have any interactions with a certain “hostile” coworker. Do we have to do this? : Probably not, because courts generally don’t consider a request to avoid ..read more
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