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What is the employer's role in the interactive process when an employee may not be able to fully understand everything that is involved in the process? Just what is involved? And what is meant by a cognitive impairment? Let us start out by describing what cognition is. Cognition is the act of knowing and/or thinking. It includes the ability to understand, remember, and use information. It also includes the ability to...

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96 The OFCCP Digest is a complimentary resource for federal contractors on topics of Affirmative Action,...

The federal government's Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions (regulatory agenda), which provides insight into federal agencies' priorities for the near and long term, was released on May 22, 2019. The latest regulatory agenda provides revised rulemaking timelines, and includes some new areas of focus. This article highlights some notable rules and their projected progress through the...

Despite resistance from the employer community, EEO-1 'Component 2' compensation reporting requirements will most likely be upheld by federal courts. As employers scramble to assemble their reports, many are also concerned with the potential risk exposure these reports may introduce. First and foremost, how will the OFCCP and EEOC use this information in their pay equity investigations? Strategically, the OFCCP has large...

OFCCP released its directive (2018-04) to conduct compliance evaluations focused on the laws and regulations relating to individuals with disabilities on August 10, 2018. As federal contractors are aware, the OFCCP enforces three laws, Executive Order 11246, as amended, Section 503 of the Rehabilitation Act, as amended, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, which collectively,...

96 The OFCCP Digest is a complimentary resource for federal contractors on topics of Affirmative Action, EEO, and government compliance....

In the prior articles in this series, we concluded that the Supreme Court's pattern or practice holdings in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), provide important guardrails applicable to OFCCP enforcement actions related to the merits of disparate impact claims and claims of a pattern or practice of disparate treatment. As to the former, the Supreme Court stressed the importance of isolating the particu...

'Equal Pay' is everywhere. In recent months, several states have passed legislation around pay equity, creating a patchwork of legal obligations for multi-state employers. Government agencies are increasingly focused on unearthing pay discrimination. Employers of all sizes and in all industries are grappling with new obligations, rising numbers of pay discrimination claims, and increased media attention in the area of pay e...