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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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The Affirmative Action Conundrum – How to Communicate AAP Results to Managers When Everyone is Protected

Is OFCCP, only now under the Obama administration, valuing the full scope of E.O. 11246? We all know that E.O. 11246 prohibits government contractors from discriminating in employment decisions on...

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Article

Applicant Tracking Systems and OFCCP Compliance

The vendors that provide applicant tracking systems routinely suggest that their systems are “OFCCP compliant.” Yet, federal contractors and subcontractors are frequently cited for record-keeping issues associated with applicant data....

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Article

Compliance Provides a Competitive Edge: A Paradigm Shift in Compliance Mindset and Attitude

Compliance with federal employment regulations provides two interrelated benefits to every business interested in maintaining a competitive edge. Firstly, a business which complies with federal regulations will avoid the negative...

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Article

The Fox OFCCP Report

May 2013 The New Rules for OFCCP Onsite Audits: How Much "Cause" is "Probable" Enough? I think many readers are going to be very surprised by this column because OFCCP...

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Article

Institutional Knowledge

The preservation of institutional knowledge can mean the difference between a finding of discrimination and a finding of no violation in an OFCCP audit. Institutional knowledge can tell you how...

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Article

Why It Pays to Collect Data Beyond What OFCCP Requires

Some of the OFCCP’s decisions on whether a contractor has discriminated in its hiring decision making process are driven by the result of the gross calculation of hiring rates, availabilities,...

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Article

What Does OFCCP Want?

Much has been written about the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) in the last few years. OFCCP has a number of significant new initiatives,...

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Article

Affirmative Action Plan Guide: Choosing A Date

One of the least discussed, yet most contentious areas in Affirmative Action Planning is the determination of the date in which the Affirmative Action Plan (AAP) goes into effect and...

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