Disability Discrimination: Supreme Court Upholds Non-Rehire-for-Drug-Use Policy Violation; Caution Still Required. 3 Practices to Keep You Out of Court

The U.S. Supreme Court has upheld an employer’s refusal to rehire a former employee who violated the company’s drug use policies. This means employers may continue to use neutral policies, but an employee can still prove the employer intentionally discriminated against them and is just using the policy as a pretext to hide wrongdoing. We’ll […]

Arbitration: Mandatory Arbitration OK for Wrongful Termination Claims–but Only if Agreement Is Fair; Make Sure Your Agreements Will Hold Up in Court

The California Supreme Court has decided that its landmark ruling in 2000 that required mandatory arbitration agreements to contain certain fairness protections for employees isn’t just limited to discrimination and harassment claims. We’ll explain the court’s new opinion.

News Notes: New Guidelines For Federal Contractor “Separate Facility” Waivers

Employers of 50 or more workers with federal contracts totaling at least $50,000 per year must comply with affirmative action reporting requirements enforced by the Office of Federal Contract Compliance Programs (OFCCP). But contractors can seek a “separate facility” waiver from these requirements for their facilities that aren’t connected to the government contract. Now the […]

Affirmative Action: Employer Hit With $5.4 Million Verdict After Firing Recruiter Who Disputed Minority-Hiring Report

Karen Yarborough, a recruiting manager for Pleasanton-based PeopleSoft, complained to her supervisors that the company’s affirmative action hiring data was false. Then, just two days before an on-site audit of the software maker’s employment data by the Office of Federal Contracts Compliance Programs, Yarborough was fired. Now an Alameda County jury’s multimillion-dollar verdict for Yarborough […]

News Notes: OFCCP’s Revised Affirmative Action Rules Take Effect

The Office of Federal Contract Compliance Programs has issued new affirmative action regulations for federal contractors, the first major overhaul of the program in 30 years. The new rules, which took effect Dec. 13, 2000, simplify some affirmative action plan requirements. But they also mandate that every other year all nonconstruction employers fill out an […]

Federal Contracts: OFCCP Proposes To End Some On-Site Compliance Visits

The Labor Department’s Office of Federal Contract Compliance Programs is proposing to end a requirement for visits to the worksites of federal contractors to make limited “compliance checks.” This type of review issued to see if the contractor has maintained proper records and has developed an affirmative action plan. To allow greater flexibility, contractors could […]

News Flash: OFCCP Won’t Extend Comment Period On Affirmative Action Proposal

In the July issue of California Employer Advisor, we reported on a recent proposal by the Labor Department’s Office of Federal Contract Compliance Programs to revamp affirmative action guidelines for federal contractors. Several employer groups asked for an extension of the 60-day comment period on the proposed regulations, but the OFCCP flatly rejected their request. The […]

Affirmative Action: Government Clarifies New Federal Contractor Audit Rules

If you contract with the federal government to sell or buy goods or services, you may be covered by detailed affirmative action and non-discrimination rules that are enforced by the Office of Federal Contract Compliance Programs (OFCCP). If so, you’re required to retain a broad array of employment records, and the OFCCP can audit your […]

Affirmative Action: New Record Retention And Audit Rules For Federal Contractors

Despite the passage of California’s Proposition 209, affirmative action is alive and well if you sell goods or services to the federal government. In fact, the Office of Contract Compliance Programs (OFCCP), which enforces the affirmative action rules that cover government contractors, recently revised its regulations. Here are the highlights.