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Department of Labor Plans to Ramp Up Disparate-Impact Claims



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Read its brief “Draft Strategic Plan” here and a law firm’s more elaborate analysis of it and other recent DOL actions here. Here’s the key passage in the latter: 

If [DOL] develops a targeting tool that requests applicant flow, hiring, and pay data by job group and job title, and it develops an analysis to identify adverse impact and pay disparities from this data, contractors with these significant issues will be the first ones audited. We believe this is the magic bullet [DOL] would like to see and that it would likely allow the agency to exponentially increase the number of discrimination allegations, the value of the backpay remedies demanded and hence the number of settlements between [DOL] and contractors.



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