Since the U.S. Supreme Court’s decision in Students for Fair Admissions vs. Harvard, the American Alliance for Equal Rights has now sued two large law firms for alleged violations of Section 1981 of the Civil Rights Act of 1866 over their fellowship programs offered to law students. Despite the Alliance’s complaints referencing gender, LGTBQ+ status and/or disability, the claims are limited to Section 1981 which addresses only racial discrimination in the fellowship programs.
Category: Counseling & Compliance Training
Supply and Service Federal Contractors and Subcontractors Should Immediately Review the OFCCP’s Second 2023 Pre-Audit Corporate Scheduling Announcement List
On September 8, 2023, the Office of Federal Contractor Compliance Programs (OFCCP) released its second Corporate Scheduling Announcement (CSAL) of the year. Federal contractors should immediately review the 2023 CSAL because it serves as the only advance notification to contractors of upcoming audits.
OFCCP’s New Supply and Service Scheduling Letter Significantly Increases Audit Scope
On August 25, 2023, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced that it has updated its Supply and Service Scheduling Letter and Itemized Listing (Scheduling Letter). According to the OFCCP’s announcement, the updated Scheduling Letter “encourages contractors to submit information electronically, clarifies existing requirements, and requests new information that will allow OFCCP to better assess compliance.”
No Robot Bosses! Congress Takes on Employers’ Use of Artificial Intelligence
Sens. Bob Casey (D-PA) and Brian Schatz (D-HI) have recently introduced the No Robot Bosses Act (the Bill) to the Senate in an effort to regulate employers’ use of automated decision systems in the workplace. The Bill covers past and present candidates for employment as well as workers “performing work for remuneration.” This broad definition is of particular importance as many employers use AI to sift through past applications to solicit reapplications if a new position opens up.
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Complying with Students for Fair Admissions: Initial Responses by Institutions and Agencies
Following the U.S. Supreme Court ruling in Students for Fair Admissions Inc. v. President & Fellows of Harvard College and Students for Fair Admissions Inc. v. University of North Carolina, institutions seeking to admit diverse student bodies may need to review and ultimately revise their policies and practices in order to achieve that goal through appropriate means.
Complying with Students for Fair Admissions: U.S. Departments of Education and Justice Issue Joint Guidance for Institutions
On August 14, 2023, the U.S. Department of Education (ED) and the Department of Justice (DOJ) jointly issued guidance to help postsecondary schools comply with the Supreme Court’s ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina et al. (together, SFFA). The SFFA decision held that race-conscious admissions policies violate the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964. While the departments’ guidance provides institutions with suggested approaches for supporting student body diversity, it also leaves open other important questions, including the funding and use of race-conscious scholarships and other financial assistance.