American Society of Employers
New Role for OFCCP: DEI Snoop Dogs

1 April 2025

New Role for OFCCP: DEI Snoop Dogs

Author: Anthony Kaylin

Although Executive Order 11246 is revoked, the Office of Federal Contract Compliance Programs (OFCCP)is still finding relevance.  Section 4212 (VEVRAA) and Section 503 (Disabled) Affirmative Action Plans (AAPs) are required by regulation, and OFCCP has stated that the agency will resume audits of these plans at some point.  More recently, with a new Director in place, the OFCCP may be the first line of attack against federal contractor Diversity, Equity, and Inclusion (DEI)...
Bridging the Pay Gap: Trends, Challenges, and HR’s Role in Workplace Equity

25 March 2025

Bridging the Pay Gap: Trends, Challenges, and HR’s Role in Workplace Equity

Author: Anthony Kaylin

The U.S. Bureau of Labor Statistics (BLS) reported that in 2023 women who were full-time wage and salary workers had median usual weekly earnings that were 84% of male full-time wage and salary workers. This situation is up 22% from 1979, the first year for which comparable earnings data are available, when women’s earnings were 62% of men’s earnings.  Per the BLS, the majority of this closing of the pay gap was between 1980 and 2003. From 2004 to 2023, the...
Creating an Inclusive Workplace for Neurodivergent Employees

18 March 2025

Creating an Inclusive Workplace for Neurodivergent Employees

Author: Heather Nezich

Neurodivergent individuals – those with autism, ADHD, dyslexia, and other cognitive differences – bring unique perspectives and strengths that can greatly benefit organizations. However, without proper support and accommodations, they may struggle to thrive. With April 2nd being World Autism Awareness Day, let’s look at how HR professionals can identify and create an inclusive environment for neurodivergent employees.

EEOC Reverses Biden Era Gender Approach

18 March 2025

EEOC Reverses Biden Era Gender Approach

Author: Anthony Kaylin

The EEOC on January 29th issued a statement that called for the reversal of former President Biden’s gender approach to EEOC complaints and investigations.  Specifically, Executive Order 14166, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” directed federal agencies to enforce laws governing sex-based rights, protections, opportunities, and accommodations to protect men and women as biologically distinct...
Is There Really Reverse Discrimination or Just Discrimination?

11 March 2025

Is There Really Reverse Discrimination or Just Discrimination?

Author: Anthony Kaylin

In a case coming before the U.S. Supreme Court, the question before the court is “what do white people and other members of a majority group have to prove to win a claim for reverse discrimination?” It’s an interesting proposition because many federal courts require an additional step for a majority group to demonstrate discrimination.

Navigating Diversity and Addressing DEI Challenges in a Changing Landscape

4 March 2025

Navigating Diversity and Addressing DEI Challenges in a Changing Landscape

Author: Anthony Kaylin

Diversity, Equity, and Inclusion (DEI), sometimes expanded to include Accessibility (DEIA), has faced criticism in the media for being perceived as entitlement-driven, disconnected from the broader population, lacking genuine inclusivity, and focused on meeting quotas. During the first Trump administration, some government agencies implemented DEI training that framed all white individuals as inherently privileged and prejudiced, reportedly separating them into different rooms for...
U.S. Department of Labor Internal Courts Enjoined from Hearing Cases

5 November 2024

U.S. Department of Labor Internal Courts Enjoined from Hearing Cases

Author: Anthony Kaylin

The U.S. Federal District Court for the Southern District of Texas issued an order halting further action in an enforcement case brought by the Office of Federal Contract Compliance Programs (OFCCP) against ABM Industry Groups LLC, a janitorial service provider in Houston, Texas. The case involves allegations that ABM favored Hispanic applicants over African American applicants in its hiring practices. The court’s ruling prevents the U.S. Department of Labor, the Acting Secretary of...
Employers Need to be Careful on Race-Conscious Activities

8 October 2024

Employers Need to be Careful on Race-Conscious Activities

Author: Anthony Kaylin

In recent developments, a couple of court cases need to be noted by employers who do diversity activities.  The first is the Fearless Fund case.  Fearless Fund is an investment fund that sought to administer a contest that would have awarded $20,000 grants to small businesses owned by Black women.  The American Alliance for Equal Rights (the Alliance), an organization led by Edward Blum, who led the charge against the Harvard and University of North Carolina’s...
The Real Effects of Ageism – Financial, Emotional, and Health

1 October 2024

The Real Effects of Ageism – Financial, Emotional, and Health

Author: Heather Nezich

Ageism is real in the workplace. Resume Now released findings to its 2024 State of Ageism in the Workplace report, which examines the prevalence and impact of age-related discrimination. The survey polled 1,003 U.S.-based workers who are aged 40 or older and found that 90% of respondents have experienced ageism in their workplace.

Empowering Managers to Foster Authentic Dialogue and Trust: A DEI Strategy

23 July 2024

Empowering Managers to Foster Authentic Dialogue and Trust: A DEI Strategy

Author: Linda Olejniczak

In today’s dynamic work environment, where teamwork and honesty are paramount, the role of managers has never been more critical. Managers who cultivate authentic dialogue and demonstrate vulnerability are laying the foundation for a healthy and productive workplace culture, which is essential for advancing Diversity, Equity, and Inclusion (DEI).

Employers Need to be Careful on Race Conscience Activities

16 July 2024

Employers Need to be Careful on Race Conscience Activities

Author: Anthony Kaylin

In recent developments, a couple of court cases need to be noted by employers who do diversity activities.  The first is the Fearless Fund case.  Fearless Fund is an investment fund that sought to administer a contest that would have awarded $20,000 grants to small businesses owned by Black women.  The American Alliance for Equal Rights (the Alliance), an organization led by Edward Blum, who led the charge against the Harvard and University of North Carolina’s race...
SHRM Removes Equity from DEI

16 July 2024

SHRM Removes Equity from DEI

Author: Lauren Cromie

recently put out a statement that they will be removing the “E” in DEI. Saying they are moving to just I&D, focusing on the importance of inclusion and then diversity more than equity. They are removing equity to focus on inclusion and diversity as a way to address the current shortcomings of DEI programs that they believe have received societal backlash and have caused increasing polarization.

Understanding the EEOC’s Approach to Religious Accommodations

11 June 2024

Understanding the EEOC’s Approach to Religious Accommodations

Author: Anthony Kaylin

In Groff v. DeJoy, 600 U.S. 447 (2023), the U.S. Supreme Court raised the bar on denying religious accommodations from showing an "undue hardship" in making the accommodation to incur "substantial increased costs" compared to the normal costs of business.  Previously, an employer could show that de minimis increase of costs would be an undue hardship. 

When Diversity Goes Awry

21 May 2024

When Diversity Goes Awry

Author: Anthony Kaylin

Diversity, equity, and inclusion (DEI) has been a hot topic the past few years.  The diversity and inclusion part, not as much, but the equity aspect quite a bit.  The Harvard case was called an affirmative action case, but it had nothing to do with affirmative action.  It was a case about equity and access to Harvard.  The approach taken was a quota system, which is illegal under all laws.  Diversity is not about quotas, it’s about working together to provide...
80,000 Fake Resumes Sent to 97 Large Organizations – What Happened?

7 May 2024

80,000 Fake Resumes Sent to 97 Large Organizations – What Happened?

Author: Anthony Kaylin

To test whether employers discriminate against job applicants based on perceived race based on names, economists with the University of California Berkeley and University of Chicago sent out about 80,000 fabricated resumes to 97 large employers using equivalent qualifications but different personal characteristics during the period of 2019-2021. They changed applicants’ names to suggest that they were white or Black, and male or female — Latisha or Amy, Lamar or Adam.
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