Author Archives: M. Wilson Stoker

EEOC’s Final Rule on Disparate Impact and Reasonable Factors Other Than Age

On March 30, 2012, the EEOC published a Final Rule on Disparate Impact and “Reasonable Factors Other Than Age” (RFOA) under the Age Discrimination in Employment Act of 1967.  The changes make the existing ADEA regulation consistent with the Supreme Court’s … Continue reading

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Texas Supreme Court Upholds Jury Waiver

On March 9, 2012, the Texas Supreme Court ruled that an employer’s advising an at-will employee that his employment would be terminated if he did not sign a mutual waiver to resolve disputes without a jury was not unlawful coercion.  More … Continue reading

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Fifth Circuit Refuses To Enforce Arbitration Agreement In Employee Handbook

On January 25, 2012, the U.S. Court of Appeals for the Fifth Circuit affirmed the refusal of a district court to compel arbitration pursuant to an arbitration agreement contained in an employee handbook.  More after the break.

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Judge Finds That OFCCP’s Audit Selection Is Limited By Fourth Amendment

In Bank of America N.A. v. Solis, No. 09-2009 (D.D.C. Dec. 13, 2011), United States Magistrate Judge Deborah A. Robinson for the District of District of Columbia issued a report and recommendation that includes a finding that OFCCP’s ability to … Continue reading

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OFCCP Releases Notice of Proposed Rulemaking on Contractor Obligations Regarding Individuals With Disabilities

On December 9, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published a Notice of Proposed Rulemaking in the Federal Register. The proposed rule increases affirmative action requirements established in Section 503 of the Rehabilitation … Continue reading

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OFCCP Publishes Guidance On The Federal Contractor Selection System

Beginning in January 2011, OFCCP implemented its new audit strategy that moved the philosophy of compliance evaluations from management to enforcement.   More on the latest developments in this area after the break.

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