The determination of who is "similarly situated" is critical to the outcome of a discrimination case. It is the agency's burden to prove that its calculations are correct and based...
On April 8, 2014, President Obama issued a Presidential Memorandum entitled "Advancing Pay Equality Through Compensation Data Collection." The Presidential Memorandum directs the Department of Labor to establish new regulations...
In this article I use the terms “individuals with a disability” (IWD - IWDs) or “persons with a disability” (PWD – PWDs) interchangeably. Before we can expect individuals with a...
In hiring, termination and promotion cases, the analysis examines each step of the decision making process to determine who should have been equally likely to be selected for the particular...
Part 2 of 3 of this series examined and compared the OFCCP enforcement activities under the Clinton, Bush (Jr.) and Obama administrations to gain more insight on what to anticipate...
The determination of who is similarly situated is central to the prosecution and defense of a discrimination case. This is because determining whether discrimination actually occurred is a comparative exercise....
Ever since the OFCCP issued its Final Rules implementing Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act in September 2013, federal contractors have been...
Recently the administration called on corporations to pledge not to use unemployment status as a selection criterion in their hiring decisions. According to various media reports at least 300 corporations...
With approximately three weeks left until the Section 503/VEVRAA final rules become effective, federal contractors and subcontractors still have many questions regarding the new obligations imposed by the rules and...
