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.
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?"
Patrick McCarthy and Christopher Stracco are scheduled to speak on Friday, February 10, at the New Jersey Institute of Continuing Legal Education's Annual 2017 Redevelopment Law Institute at the Renaissance Woodbridge Hotel in Iselin, New Jersey.
Day Pitney Alert
Theresa Kelly and Howard Fetner wrote an article, "AARP Lawsuit Puts EEOC In An Awkward Position," for Law360.
James Leva was quoted in an article, "CT gets on board with e-pay cards," in The Hartford Business Journal.
James Leva was quoted in an article, "New payday option in Conn. — put it on plastic," in The Stamford Advocate.
John McLafferty was quoted in an article,"New pay equity law offers fertile ground for litigation," in Massachusetts Lawyers Weekly.
Day Pitney Press Release
Michael Furey was quoted in an article, "NJ Panel Grills Hospitals Over Discovery In Horizon Row," in Law360. Day Pitney is representing five New Jersey hospitals in a lawsuit against Horizon Healthcare, relating to its new, multi-tiered health plan called OMNIA. Furey advocated on behalf of the five hospitals on Wednesday before a New Jersey appeals court that Horizon should turn over a consultant's report and certain agreements relating to how Horizon categorized hospitals under its controversial OMNIA Alliance program and the impact of OMNIA on the hospitals. These Tier 2 hospitals are alleging various claims, including breach of contract and citing concerns that being ranked in the lower tier of the program will cost them business. Horizon contends the sought-after materials, including a financial analysis, strategic alliance agreements and rate agreements between the insurer and OMNIA network hospitals, contain trade secret and confidential information. "If we're going to prove our hospitals should be Tier 1 alliance members, we need the documents and the information," Furey said.