The federal government has now revised its standards for collecting race and ethnicity information for just the second time since they were developed in 1977. The first, and still controversial revision came in 1997 when “Hispanic” was split out as an ethnicity and the federal government began asking about Hispanic ethnicity separately from Continue Reading...
Unraveling Intent: Exploring OFCCP Legal Challenges
An Expert Insight Series Part 3: How Did We Get Here? And Where Are We Headed with DE&I and Affirmative Action? Jump into the way back machine, time travel to 1974, and you will find a very different OFCCP landscape. Yes, back then the agency was pretty uninterested in potential discrimination against men or Whites in general. And yes, Continue Reading...
Unraveling Intent: Exploring OFCCP Legal Challenges
An Expert Insight Series Part 2: What is America First Legal and What Are They Challenging? If you can stand to follow the news these days, you may be aware that America First Legal—a non-profit foundation run by former Trump Senior Advisor Stephen Miller—has begun filing complaints with the OFCCP regarding the “facially discriminatory” Continue Reading...
Unraveling Intent: Exploring OFCCP Legal Challenges
An Expert Insight Series Part 1: Is Affirmative Action Legal? BCGi, and this author in particular, have been screaming for years for the OFCCP to clean up its regulations and, among other things, abandon anachronistic, confusing, and misleading terms. And we have been reminding practitioners that “affirmative action” in the federal Continue Reading...
How Texas SB 17 Does and Does Not Impact Federal AAP Requirements
If you are a Compliance professional working in higher education in Texas, you likely have concerns about the recent passage of Texas Senate Bill 17 (TX SB 17), outlawing diversity, equity and inclusion (DE&I) offices and activities. Even if you are not such a person, this should be of interest as other states consider modeling similar Continue Reading...