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Search Results for: affirmative action

Creating an Infrastructure for Inclusion

October is National Disability Employment Awareness Month (NDEAM), a time to celebrate the contributions of America's workers with disabilities both past and present and educate about the value of a...

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States and Localities Step into the Breach on Pay Equity: New and Proposed Prohibitions on the Disclosure of Salary History

It is a well-known political axiom – and unfortunate reality – that women continue to earn, on average, 79 cents for every dollar earned by men. As federal efforts to...

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Is Disparate Impact Available In Sex-Based Pay Discrimination? (Part 2)

The Federal Courts of Appeal In a previously published article, I answered negatively the question of whether disparate impact theory of liability is available as a matter of law for...

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Is Disparate Impact Available In Sex-Based Pay Discrimination?

When experts discuss discrimination in compensation, they always warn us that compensation is complex. True…discrimination in compensation is complicated. But the challenges from complexity are only part of the endemic...

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New OFCCP Directive on Back Pay

On July 17, 2013, the Office of Federal Contract Compliance Programs (OFCCP) issued a new directive on how to calculate back pay for victims of employment discrimination. The Directive serves...

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Salary Negotiation as Disparate Impact

In presentations I have made around the country, I have occasionally raised the question of whether the practice of permitting negotiation of starting salaries is susceptible to challenge under a...

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An Insider’s View of Negotiation with OFCCP

Most OFCCP allegations are resolved through negotiation. Negotiations at the agency level usually end in a signed conciliation agreement. The purpose of this article is to walk you through the...

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