An Administrative Law Judge (ALJ) ruled against the OFCCP, granting VF Jeanswear Limited Partnership summary judgment in a disparate impact case. The OFCCP accused VF Jeanswear of engaging in employment practices having a disparate impact on “non-Asians”, violating Executive Order 11246 and federal regulations. The ALJ reasoned that “non-Asians” are not a “race” within the…
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By Ahmed Younies: Last month, the US Department of Labor (DOL)’s Office of Federal Contract Compliance Programs (OFCCP) settled an ongoing case against Tufts Associated Health Plans, Inc, involving allegations of retaliation against 12 Asian, Hispanic and African-American employees hired as a result of a prior Conciliation Agreement (CA). Under the July 2013 CA, Tufts has…
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Those familiar with Executive Order Number 11246, prohibiting employment discrimination based on race, color, religion, sex or national origin by federal contractors know that the OFCCP, (the enforcement agency) can and does award back pay to victims of discriminatory practices. Back pay (often referred to as “make whole relief”) is meant to make the victim(s)…
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The construction industry offers a growing number of well-paying jobs for individuals without college or graduate school training. According to an article on high-employment-growth firms by the department’s Bureau of Labor Statistics, among 20 different industries, construction is the nation’s fifth-largest contributor to job creation, generating more than 300,000 jobs from 2009 through 2012. Construction jobs often…
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Affirmative Action burst onto the American employment landscape about 45 years ago as a means to combat decades of racial discrimination by employers. That year, all Federal agencies were required by Federal law to put into place certain programs meant to ensure that all job applicants were considered without regard to “race, creed, color, or…
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