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Health Care Services Providers to Federal Health Plan Members Subject to Federal Affirmative Action Compliance Audit

On June 21, 2010, we wrote about a decison of an Administrative Review Board in which three University of Pittsburgh Medical Center-affiliated hospitals were found to be federal subcontractors , through an HMO that provided a managed health care plan to federal employees.  On March 30, the US District Court for the District of Columbia upheld the ARB's decision. Click here to see the thorough analysis of this decision published as a Mintz Levin Health Law Advisory.

OFCCP Issues Enforcement Guidance on Contractors' Use of Arrest and Conviction Records

By Martha J. Zackin

On January 29, 2013, the Department of Labor’s Office of Federal Contract Compliance Programs issued a Directive. pertaining to federal contractors’ use of arrest and conviction records in making employment decisions.  This Directive is consistent with and incorporates guidance issued by the Equal Employment Opportunity Commission in April 2012.

 

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OFCCP Proposes Rule to Impose Hiring Goal on Federal Contractors and Subcontractors

The Office of Federal Contract Compliance Programs (OFCCP), an agency of the United States Department of Labor, has proposed a new rule that would require those federal contractors and subcontractors that are subject to affirmative action laws and regulations to set a hiring goal of having 7 percent of their workforces be people with disabilities (read the DOL press release here).

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OFCCP Restores Functional Affirmative Action Programs

On June 28 the OFCCP announced that it was restoring the functional AAP (FAAP) program, which it had suspended a few years ago. A copy of the OFCCP's Directive regarding FAAP's may be found here; the key points are as follows: 

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