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I’ve been remiss. There I said it. Admitting the problem (or in this case the omission) is supposed to be the first step. So what didn’t I do? I have written on just about every anti-discrimination law.  Well, I just had this epiphany. I have never really written about affirmative action. What self-respecting employment attorney/blogger misses that? Me, apparently. Well, actually that’s not exactly true. I did briefly discuss affirmative action here in the context of the rights of LGBT workers. Nevertheless, the topic deserves more attention than I’ve given it.  Today, while we’re still in the first month of a new year, I resolve

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Got your attention there, didn’t I? No? Well, maybe a little…Seriously, let’s pick up from last week. We know that certain businesses with certain contracts with federal agencies are federal contractors and are therefore subject to certain affirmative action requirements. We did a very nutshell-version of the requirements in last week’s post (Click here for review). Before we get just a bit more in-depth about some of those requirements though, we should step back and answer a key question: Are you a federal contractor? Now, you may be thinking that should be an easy and straightforward question. Well, maybe not. After all,

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My new book about bullying and harassment in the workplace has just been released. The title of the book is “How to stand up to workplace bullying and take on an unjust employer”. Bullying and harassment in the workplace is a critical issue in our society today affecting countless individuals around the country. In many cases it has caused significant distress for affected employees, ultimately leading to depression and other serious related mental health disorders. Even for the employers, it can result in several different outcomes that are typically negative for the companies. This book presents a captivating true account

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MAD, SAD, OR GLAD: THE OPTIONS

Posted by Janet Pfeiffer on January 01, 2000
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Category : Blog, Expectations

We all get angry from time-to-time. Sometimes our anger is righteous, that is to say it is justifiable and other times without valid cause. For instance, imagine your child is late returning from an evening basketball game. He does not call to let you know that the game went into overtime.  You’re unable to reach him and become fearful that something awful may have happened to him. It was also agreed upon that he would call if he was going to be late. Your trust has been violated in addition to the fact that you are frantic (fear: a root

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These last two weeks we have been delving into Affirmative Action. Let’s assume your company is a federal contractor — or sub-contractor–and is therefore subject to Affirmative Action requirements. (Click here and here to review those definitions.) You must then solicit race, ethnicity and gender data from all “applicants” for employment. There is no specific time at or by which the contractor must do so, however. You may even voluntarily solicit the same data from job seekers who are not applicants, but may only use such information for your affirmative action and equal employment opportunity programs. But who and what is an “applicant”? What if any

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Life doesn’t always turn out the way we’d like. When situations take an unfavorable turn, we become upset, frustrated, or angry. When others don’t agree with us, live their life the way we think they should, or act in a manner we find disturbing, anger is a typical response. With the exception a few extreme circumstance, an angry reaction rarely improves the situation or endears us to the other party. For the most part, humans have very strong opinions about how life should be, how others should behave, and about what circumstances should occur and how they should eventually conclude.

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Last week we looked at how the Affirmative Action regulations’ and OFCCP define an “applicant”, or more specifically, an Internet Applicant, under the Internet Applicant Rule. (Click here if you missed that.)  It comes with significant recordkeeping requirements. If you are a federal (sub-) contractor, it therefore warrants your full attention. Suppose you, choose to use software to track individual applicants, resumes and other phases of pre-employment screening, aka an Applicant Tracking System (ATS). You could still encounter problems during OFCCP audits, though. Fines and penalties can be in the tens of thousands of dollars. You could even be debarred from working

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