April 08, 2024
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Category: Affirmative Action and Diversity

Divided FCC Votes To Resume Collecting Race/Ethnicity Data From Broadcasters

The Democratic majority on the Federal Communications Commission (FCC) voted recently to resume collecting race and ethnicity data from broadcasters, an information collection that the agency abandoned more than 20 years ago. Once the data is collected, the FCC intends to disclose it to the public in non-aggregated form as submitted by each covered broadcaster. Again on a 3 to...
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April 04, 2024
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Category: Affirmative Action and Diversity

OMB Revises 1997 Federal Race/Ethnicity Reporting Standards, Adds New “MENA” Category

The standards that federal agencies have used for more than 25 years to collect race and ethnicity data are changing. The revised standards, published by the White House Office of Management and Budget (OMB) in the Federal Register March 29, 2024, add a new race and ethnicity category for individuals identifying as Middle Eastern or North African (MENA). They also require...
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April 02, 2024
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Category: Affirmative Action and Diversity

OFCCP Resets Annual Vets Hiring Benchmark at 5.2%, Down 0.2% From 2023

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has updated its annual Vets Hiring Benchmark to 5.2%. The annual benchmark represents the national percentage of veterans in the civilian labor force. Most federal contractors use it to measure whether their hiring of protected veterans complies with OFCCP’s affirmative action regulations under the Vietnam Era Veterans’ Readjustment Assistance...
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March 26, 2024
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Category: Affirmative Action and Diversity

Eleventh Circuit Rules Florida’s “Stop WOKE Act” Cannot Be Enforced Against DEI Training

Florida still cannot enforce its Individual Freedom Act, nicknamed the “Stop WOKE Act,” after a federal appeals court upheld a federal district court’s preliminary injunction. In Honeyfund v. Florida, 11th Cir. (March 4, 2024), a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the preliminary injunction granted by the U.S. District Court for the Northern...
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March 13, 2024
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Category: Affirmative Action and Diversity

OFCCP Intends To Expand Burdensome Construction Contractor Scheduling Letter, Form CC-314

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced that it wants to expand the scheduling letter and itemized listing by which it notifies federal construction contractors of a compliance audit. OFCCP also intends to add reporting items to Form CC-314, the Construction Contract Award Notification Requirement. These developments are consistent with the agency’s increased scrutiny of federal...
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January 31, 2024
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Category: Affirmative Action and Diversity

Do As We Say?: CFPB Settles Race Discrimination Class Action for $6 Million

After protracted litigation, the Consumer Financial Protection Bureau (CFPB) has agreed to settle an employment discrimination class lawsuit for $6 million, including $1.5 million in attorneys’ fees. The lawsuit began ten years ago, when minority employees accused the CFPB of systemic discrimination,  including persistent pay discrimination compounded by a discriminatory performance review system. In light of this lawsuit, it is ironic...
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January 04, 2024
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Category: AAP

OFCCP Announces Intent To Extend Contractor Portal Requirements

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced that it intends to seek approval from the White House Office of Management and Budget (OMB) to keep using its Contractor Portal, the online tool that allows federal contractors to certify annually that they have developed and maintained Affirmative Action Programs (AAPs) in accordance with OFCCP regulations. The...
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January 03, 2024
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Category: Affirmative Action and Diversity

CWC’s Updated College and University Graduate Diversity Data Resources, 2021-2022

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has compiled a series of tables and online tools to help companies develop or refine their college recruitment strategy. CWC devised the tables based on data that it obtained from the U.S. Department of Education (DOE). The tables show demographic data by academic award level for the 38 degree...
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December 11, 2023
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Category: Affirmative Action and Diversity

Commerce Department Is Seeking Input From Private Sector Businesses on Their DEIA Efforts

The U.S. Department of Commerce (DOC) wants to hear from companies about their diversity, equity, inclusion, and accessibility (DEIA) efforts. In response to President Biden’s Executive Orders (E.O.) 13985 and 14091, which call for expanding federal government equity initiatives, the Commerce Department developed a set of draft Business Diversity Principles (BDPs) to describe the private sector’s best DEIA practices. DOC’s draft principles...
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October 31, 2023
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Category: Affirmative Action and Diversity

CWC’s Primer on Title VI of the Civil Rights Act of 1964

Since the U.S. Supreme Court invalidated the race-conscious admissions policies used by Harvard University and the University of North Carolina (UNC), critics of affirmative action and corporate Diversity, Equity, and Inclusion (DEI) programs have claimed that the ruling supports legal challenges to corporate employment policies and programs. The Court’s ruling was limited to the higher education context, but the Justices...
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