On June 15, the U.S. Department of Labor (DOL) issued a final rule revising the Office of Federal Contract Compliance Programs' (OFCCP) long-standing sex discrimination regulations. According to the DOL, the rule "substantially revises the existing sex discrimination guidelines, which have not been substantively updated since 1970, to align them with current law and legal principles and address their application to contemporary workplace practices and issues."
The final rule is effective August 15, 2016, and applies to employers with federal contracts or subcontracts totaling $10,000 or more over a 12-month period, unless those employers are otherwise exempt. The final rule implements Executive Order 11246, which after amendments issued by President Obama, prohibits sex discrimination, including on the basis of sexual orientation and gender identity. The final rule implementing Executive Order 11246 includes explicit protections against pay discrimination, pregnancy discrimination, hostile work environments, and gender identity and transgender status discrimination. For example, the final rule provides:
In addition to the requirements it imposes on federal contractors, the final rule also provides a number of recommended best practices that "contribute to the establishment and maintenance of workplaces that are free of unlawful sex discrimination." Among these recommended practices, the DOL suggests:
The final rule is expansive and provides numerous examples useful to employers. Accordingly, employers with federal contracts subject to this rule should read the guidance and ensure that their policies and training are updated accordingly.
Day Pitney Alert
Day Pitney Alert
Eric Sussman authored an article, "Conn. High Court Sheds Light on 'ABC' Test Application," which was published by Law360.
Francine Esposito was a featured speaker as part of a panel discussion on Privacy Issues at the 2017 Lex Mundi Labor and Employment and Employee Benefits and Pension Practice Group Global Meeting in New York.
Francine Esposito was a featured speaker in an Employment Law Alliance webinar, entitled, "Social Media and the New Workplace: Is Your Brand and Reputation Protected?"
Stan Twardy, Elizabeth Latif and Eric Sussman were successful in having a federal judge dismiss a False Claims Act lawsuit against our client Sikorsky Aircraft Corp.
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Theresa Kelly, chair of the firm's Pro Bono Committee, was mentioned by The Dodge Blog in the article "Pro Bono Partnership Pundit: Lawyers Giving Back to Their Communities."
James Leva was quoted in an article, "CT gets on board with e-pay cards," in The Hartford Business Journal.