a. General Principles. Make-whole relief means simply that the contractor restores the victim of discrimination to the position, both economically and in terms of status, that he or she would have occupied had the discrimination not occurred. This relief usually involves placing the person in his or her rightful place, meaning placing the person in the job the person would have occupied with the seniority he or she would have had if not for the discrimination. For example, if the contractor discriminated against women in hiring for an entry-level maintenance position, make-whole relief would include placing a certain number of class members into entry-level maintenance positions as they become available. If the discrimination resulted in termination from employment, the affected class members should be reinstated to their prior positions. In addition to rightful placement, make-whole relief includes all economic benefits the victim would have received had the discrimination not occurred. These benefits would normally include things such as back pay with interest, retirement contributions, vacation credits, sick leave credits, payment for medical expenses that would have been paid by the employer’s medical plan, missed training and any other employment benefits denied to the victim as a result of the discrimination.
b. Case Law Precedent. In construing what constitutes make-whole relief, OFCCP follows Title VII principles.365
365. Generally, OFCCP follows Title VII principles except in those finding unique to Section 503, such as those involving reasonable accommodation or qualification standards. In those instances, then OFCCP follows ADA principles.