Starbucks’ Racial Bias Training

StarbsTraining seems to be all the rage these days. From a possible new bill here in Delaware that would require sexual harassment training for employers with more than 50 employees, to implicit bias training, it seems that employers are realizing that the old standards of training aren’t enough. This has come about for many reasons. Continue reading

OFCCP Decision Issued 16 Years After Audit

As noted by Michael Fox in a recent post on his Employer’s Lawyer blog,, an OFCCP Administrative Law Judge (ALJ) just released a 66-page decision in a case that began with an audit notice in 1993. The case was bogged down in large part due to the bank’s contention that it was not selected for audit in accordance with its constitutional right under the Fourth Amendment to be free from unreasonable searches and seizures. That claim was ultimately unsuccessful. As a result of the delay, though, the bank found itself litigating claims about hiring practices dating back to 1993. Not surprisingly, the recollections of key witnesses such as the recruiters were foggy on some points. Continue reading

Affirmative Action To Be Reconsidered in Three States This Fall

sj043Affirmative Action is back in employment-law news.  In November, voters in three states (Arizona, Colorado and Nebraska), will decide whether to end consideration of race in admissions to public universities, and in hiring and contract awards by state and local governments. California, Washington and Michigan have already passed similar initiatives. Continue reading

Two Recent Diversity Initiatives: One Carrot and One Stick

Corporations normally employ both in-house and outside counsel to handle its legal matters.  In recent years, many global companies have begun paying closer attention to zcarrot-and-stick-incentivethe diverse makeup of the outside firms they hire.  The [logical] thought being that, if the company is going to put an emphasis on a diverse workplace, why shouldn’t it hold their contractors to the same standards?  Wal-Mart and Microsoft have recently announced plans to improve diversity in very proactive ways taking very different approaches.  One could say they represent the carrot-and-the-stick approach.  Continue reading

Federal Contractors Must List Job Openings: OFCCP Issues Final Rule

The Office of Federal Contract Compliance Programs (OFCCP) issued a final rule on mandatory job listing by federal contracts. The rule is equired by the Vietnam Era Veterans’ Readjustment Assistance Act,* (“VEVRAA”) and the Jobs for Veterans Act of 2002 (“JVA”). Federal contractors are required to list almost all job openings with “the state workforce agency job bank where the opening occurs or with the local employment service delivery system where the opening occurs.” The exceptions to this rule include openings for executive and top management positions, positions that are to be filled internally, and positions that will last three days or less. Continue reading