WASHINGTON – The U.S. Department of Labor today announced Catherine Eschbach will lead the Office of Federal Contract Compliance Programs. 

“I’m honored to serve as director of the OFCCP under the Trump Administration and oversee its transition to its new scope of mission,” Eschbach said. “President Trump made clear in his executive order on eliminating DEI that EO 11246 had facilitated federal contractors adopting DEI practices out of step with the requirements of our Nation’s civil rights laws and that, with the recission of EO 11246, the President mandates federal contractors wind those practices down within 90 days. As director, I’m committed to carrying out President Trump’s executive orders, which will restore a merit-based system to provide all workers with equal opportunity.”

Prior to her appointment, Eschbach worked for six years in Morgan, Lewis & Bockius LLP’s appellate group where her practice focused on complex constitutional, statutory, and administrative law issues. In that role, she spearheaded successful path-making litigation to return the federal government’s practices to its constitutional limits, including issues affecting OFCCP. As an active attorney in Houston’s legal community, Eschbach was appointed by the Texas Supreme Court to its advisory Grievance Oversight Committee and served as the president of the Houston Lawyers Chapter of the Federalist Society.

Before joining the firm, Eschbach served as a judicial law clerk for now-Chief Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the Fifth Circuit and Judge David Hittner of the U.S. District Court for the Southern District of Texas. She holds a J.D. from the Pepperdine School of Law and a B.S. from Vanderbilt University. 

NEW YORK – The U.S. Department of Labor has entered into a consent decree with federal contractor DISH Network requiring the satellite and internet provider to supply the department’s Office of Federal Contract Compliance Programs with information on its equal employment opportunity practices at nine establishments.

Ordered on Dec. 19, 2024, the decree by the Office of Administrative Law Judges resolves an August 2023 administrative complaint brought by the department alleging the company refused to submit information needed for the OFCCP compliance review of the DISH Network’s Roseland, New Jersey, location. 

“Failure to provide required documentation for a compliance review is a clear violation of the legal obligations of a federal contractor,” said Office of Federal Contract Compliance Programs Acting Director Michele Hodge. “The Office of Federal Contract Compliance Programs is responsible for ensuring that employers doing business with the federal government comply with laws and regulations requiring nondiscrimination.” 

Beginning in 2018, the department sought compliance reviews at 12 DISH Network locations based on the company’s contract with the U.S. Department of Veteran’s Affairs. The company refused to participate in OFCCP reviews, stating that its contracts did not meet the threshold contract value requiring federal contractors to submit an affirmative action program and supporting data. 

In the consent decree, DISH Network agrees to provide current affirmative action programs and supporting data for reviews at nine company establishments, including Roseland, that still exist. DISH will provide programs and data for two locations by Dec. 31, 2024, and for the remaining locations by June 30, 2025. 

“The Department of Labor is committed to ensuring that all federal contractors uphold their legal responsibilities, particularly when it comes to fostering workplaces that are free from discrimination,” said Solicitor of Labor Seema Nanda. “This agreement represents a significant step in holding DISH Network accountable for its actions and ensuring compliance with federal requirements. Our goal is to safeguard equal employment opportunities for all workers.”

During litigation, on May 20, 2024, the OALJ denied DISH Network’s motion seeking to be removed from expedited hearing procedures that allow for a speedier resolution of certain issues. The decision found that an employer’s refusal to provide OFCCP with requested documents is precisely the type of issue that expedited procedures were meant to address.  

OFCCP’s New Jersey District Office is conducting the compliance review of the Roseland establishment, and the New York Regional Office of the Solicitor is litigating the case for the department.

DISH Network is a subsidiary of EchoStar Corp. in Englewood, Colorado, a global provider of technology, networking services, television entertainment and connectivity for consumer, commercial and government clients. 

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Together, these laws prohibit employment discrimination. 

Learn more about OFCCP.

Office of Federal Contract Compliance Programs, U.S. Department of Labor v. DISH Network Corp.

Docket No.: 2023-OFC-00003

MINNEAPOLIS – The U.S. Department of Labor announced that its Office of the Federal Contract Compliance Programs has entered into a conciliation agreement with Ryan Companies US Inc. to resolve allegations that the federal contractor’s employees faced sexual harassment, a hostile work environment and/or faced retaliatory actions after complaining about harassment and cooperating with federal investigators. 

During a routine compliance evaluation, OFCCP discovered worker harassment based on sex that included physical, verbal and visual harassment. The incidents occurred while employed by the Minneapolis-based construction services provider to work on federally funded projects including construction of a U.S. federal courthouse in Des Moines, Iowa.

OFCCP also determined the harassment was severe and pervasive, and officials with Ryan Companies knew of and, in some instances, participated in the harassment. Federal investigators learned employees had complained repeatedly over several years about illegal behaviors. The alleged incidents occurred between March 2021 and February 2024 in the Des Moines metropolitan area.

“No worker should ever be illegally harassed and then retaliated against for reporting their workplace concerns and speaking with federal investigators. These actions are reprehensible violations of federal law,” said Office of Federal Contract Compliance Programs Acting Director Michele Hodge. “For nearly 60 years, OFCCP has helped define and defend equal employment opportunity for U.S. workers. We are committed to holding employers that receive federal funding responsible for providing a workplace free of harassment where the core values of equality and equity are honored.”

To resolve the allegations, Ryan Companies entered into an agreement to pay $350,000 in monetary relief and comply with injunctive relief and routine monitoring.

“People should be able to go to work every day and be treated with dignity and respect, not degradation and abuse. The harassment and hostile work environment that these employees faced is appalling and might have continued if OFCCP had not intervened,” said Office of Federal Contract Compliance Programs Regional Director Carmen Navarro in Chicago. “Federal contractors must provide a workplace where harassment and retaliation are unacceptable. We will tolerate nothing less.”

Founded in 1938, Ryan Companies US Inc. is a national builder, developer, designer and real estate manager headquartered in Minneapolis and operates offices throughout the U.S. Ryan Companies currently has contracts with the U.S. General Services Administration. Since 2015, the company has held more than $900 million in federal contracts.

OFCCP launched the Class Member Locator to identify applicants or workers who may be entitled to monetary relief and/or consideration for job placement as a result of OFCCP’s compliance evaluations and complaint investigations. If you think you may be a class member who was subjected to sexual harassment, hostile work environment, or retaliation by Ryan Companies at its worksites in the Des Moines, Iowa area during the investigative period, please use OFCCP’s Class Member Locator to learn more about this and other settlements.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Together, these laws prohibit employment discrimination.

Learn more about OFCCP.

BOSTON – The U.S. Department of Labor announced today that its Office of Federal Contract Compliance Programs and Abiomed Inc., a federal medical equipment supplier, have entered into a conciliation agreement to resolve allegations of gender-based promotion discrimination at the company’s Danvers headquarters. 

A routine OFCCP compliance evaluation for the period from June 1, 2017, to May 31, 2018, found Abiomed Inc. discriminated against female employees by excluding them from the selection and promotion process for clinical educator positions. The agency determined the employer’s actions violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color, religion, sex, sexual orientation, gender identity or national origin.

To resolve the alleged discrimination, Abiomed will pay $57,000 in back wages and interest to six interested female employees who were excluded from the process for promotion through a “tap-on-the-shoulder” promotion process. Abiomed did not post all openings for the clinical educator positions and made selections without a formal and open process that allowed all employees to apply. 

In addition to the back pay and interest, Abiomed has eliminated its alleged discriminatory selection procedures and agreed to maintain procedures for applicant tracking and for the posting of open clinical educator positions, as well as training individuals involved in recruiting, selecting and tracking applicants for the positions.

“Federal contractors must ensure their employment practices comply with federal laws,” said Office of Federal Contract Compliance Programs Northeast Regional Director Diana Sen in New York. “Our compliance reviews look at all selection practices, including promotions, to safeguard equal employment opportunity in the workplace.”

Abiomed Inc. has contracts to provide medical and surgical instruments, equipment and supplies that support U.S. veterans. Since 2019, Abiomed Inc. has held more than $46 million in federal contracts with the U.S. departments of Defense and Veteran Affairs. 

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Together, these laws prohibit employment discrimination.

View the conciliation agreement.

GRAPEVINE, TX – The U.S. Department of Labor’s  Office of Federal Contract Compliance Programs has entered into an agreement with McKesson Medical-Surgical Inc., one of the nation’s largest distributors of medical supplies, to resolve alleged systemic hiring discrimination against nearly 900 Black, Hispanic and white applicants at its Grapevine distribution facility.

A routine compliance evaluation by the Office of Federal Contract Compliance Programs found the employer’s hiring practices allegedly discriminated against the applicants for associate material handler positions in Grapevine from Sept. 24, 2019, to Sept. 24, 2021, in violation of Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color, religion, sex, sexual orientation, gender identity or national origin. OFCCP determined the alleged discrimination affected 472 Black, 226 Hispanic and 186 white applicants. 

To resolve the allegations, McKesson Medical-Surgical will pay $448,578 in back wages and interest, and make job offers to 32 eligible applicants. The federal contractor will also ensure its hiring procedures do not discriminate and they will train management who oversee hiring decisions. McKesson Medical-Surgical currently has more than $32 million in federal contracts with the U.S. Department of Veterans Affairs.

“Federal contractors must not engage in discriminatory hiring practices, it is the responsibility of the employer to ensure its selection practices comply with federal law,” said Office of Federal Contract Compliance Programs’ Southwest and Rocky Mountain Regional Director Ronald W. Sullivan II in Dallas.

McKesson Medical-Surgical Inc. is a subsidiary of the Irving-based McKesson Corp., a global healthcare services provider that partners with biopharma companies, care providers, pharmacies, manufacturers, governments, and others to deliver products and services.

OFCCP launched the Class Member Locator to identify job applicants and/or workers who have been impacted by OFCCP’s compliance evaluations and complaint investigations and who may be entitled to a portion of monetary relief and/or consideration for job placement. In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Together, these laws prohibit employment discrimination by federal contractors.

BUFFALO, NY – The U.S. Department of Labor announced that its Office of Federal Contract Compliance Programs will mark the 50th anniversary of the Vietnam Era Veterans Readjustment Act and Veterans Day 2024 by holding a Veteran Resource and Opportunity Fair on Nov. 6, 2024. 

Hosted by OFCCP’s area office in Buffalo, the event will be held at WNYHeroes Inc., 1001 E. Delavan Ave. The fair will offer military members and their spouses information on employment opportunities. More than 30 leading federal contractors will be on-hand to discuss employment opportunities and workplace protections that support veterans and military spouses. 

WHO:                        Office of Federal Contract Compliance Programs

                                    WNYHeroes Inc.

WHAT:                      Veteran Resource and Opportunity Fair

WHERE:                   1001 E. Delavan Ave.

                                     Buffalo, NY 14215

WHEN:                      Nov. 6, 2024

                                     11 a.m. to 2 p.m.

RSVP:                        Reserve tickets to attend the Veteran Resource and Opportunity Fair.

Media interested in covering this event should RSVP to lally.james.c@dol.gov.

DALLAS – The U.S. Department of Labor and the University of Texas Southwestern Medical Center have entered into a conciliation agreement in which the federal contractor will pay $900,000 in back wages and interest to resolve alleged systemic racial hiring affecting 6,123 Black applicants at the center’s Dallas facility.

A routine compliance evaluation by the department’s Office of Federal Contract Compliance Programs found the research hospital’s hiring practices allegedly discriminated against Black applicants from Aug. 24, 2016, through Aug. 24, 2018, in violation of Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color, religion, sex, sexual orientation, gender identity or national origin. 

In addition to the back wages and interest, UT’s Southwest Medical Center will make 132 job offers to the affected job applicants and ensure its hiring policies and procedures do not discriminate. The facility will also provide training to all managers, supervisors and other company officials in the hiring process. 

“Federal contractors must ensure they are not engaging in discriminatory employment practices. Employers must ensure equal employment opportunities and nondiscrimination in hiring for all applicants,” said Office of Federal Contract Compliance Programs’ Southwest and Rocky Mountain Regional Director Ronald W. Sullivan II in Dallas.

The University of Texas Southwestern Medical Center employs about 23,000 people and provides medical education, scientific training and clinical care. It currently has contracts to provide services to the Department of Veterans Affairs and has held more than $90 million in federal contracts since 2013.

OFCCP launched the Class Member Locator to identify applicants and/or workers who have been impacted by OFCCP’s compliance evaluations and complaint investigations and who may be entitled to a portion of monetary relief and/or consideration for job placement. In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Together, these laws prohibit employment discrimination by federal contractors.

ROME, GA – The U.S. Department of Labor has announced Ball Container LLC, a subsidiary of Ball Corp., has entered into a conciliation agreement in which the employer will pay $309,000 in back wages and interest to resolve alleged race-based hiring discrimination at the company’s beverage manufacturing facility in Rome. 

A routine compliance review by the department’s Office of Federal Contract Compliance Programs found that, from Feb. 1, 2020, through Jan. 31, 2021, the employer discriminated against 192 Black applicants for production technician positions at the facility. The agency determined Ball Container’s actions violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color, religion, sex, sexual orientation, gender identity or national origin.

In addition to paying back wages and interest, Ball Container agreed to provide four job offers to eligible class members when positions become available, review and revise its hiring process and provide training to all managers, supervisors and other company officials involved in the hiring process.

“Discrimination is preventable when employers have nondiscriminatory hiring procedures in place and see to it that they are followed," said Office of Federal Contract Compliance Programs Acting Director Michele Hodge. "OFCCP will use every action available by law to ensure workers and job seekers are treated fairly, and that everyone has access to good paying jobs.”

“Federal contractors that fail to give equal consideration to all applicants – regardless of gender, race or ethnicity – violate the law,” said Office of Federal Contract Compliance Programs Acting Southeast Regional Director Diana Sen in Atlanta. “There is no gray area for federal contractors, as regulations require them to ensure equal opportunity for all workers and compliance with federal employment laws.” 

Headquartered in Westminster, Colorado, Ball Corp. is a federal contractor that supplies aluminum packaging for beverage, personal care and household products, as well as aerospace and other technologies and services primarily for the U.S. government. Since 2020, Ball Corp. has received more than $1.1 billion in contracts with the Department of the Air Force, National Aeronautics and Space Administration, and Space Development Agency.   

OFCCP launched the Class Member Locator to identify applicants or workers who may be entitled to monetary relief and/or consideration for job placement as a result of OFCCP’s compliance evaluations and complaint investigations. If you think you may be a class member, someone who applied for a production technician position with Ball Container LLC at its Rome facility during the investigative period, please use OFCCP’s Class Member Locator to learn more about this and other settlements.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Together, these laws prohibit employment discrimination.

Learn more about OFCCP.

NEWARK, DE – The U.S. Department of Labor announced that its Office of Federal Contract Compliance Programs has entered into a conciliation agreement with Siemens Healthcare Diagnostics Inc. to resolve alleged pay discrimination against female employees at its manufacturing facility in Newark. 

A routine OFCCP compliance review found that, beginning Jan. 1, 2020, the employer paid females in system engineer roles less than male counterparts in similar positions at the laboratory diagnostics manufacturing center. Such action violates Executive Order 11246, which prohibits federal contractors from discriminating in employment decisions based on race, color, religion, sex, sexual orientation, gender identity or national origin.

In addition to paying eight female system engineers $57,200 in back wages and interest, Siemens Healthcare Diagnostics made $24,821 in salary adjustments for three women. The company also agreed to review its compensation practices and policies and train managers to ensure future compliance. 

“Our conciliation agreement with Siemens reflects the U.S. Department of Labor’s continued efforts to bridge gender wage gaps and hold federal contractors accountable when they fail to comply with the law,” said Office of Federal Contract Compliance Programs Regional Director Samuel B. Maiden in Philadelphia.

Siemens Healthcare Diagnostics Inc. is contracted by the National Institutes of Health and employs about 1,300 workers in Newark. Since 2020, the company has held at least $882 million in federal contracts with numerous federal agencies including the National Institute of Health and the Department of Defense.

Siemens Healthcare Diagnostics Inc. is a wholly owned subsidiary of Siemens Medical Solutions USA Inc. in Malvern, Pennsylvania. Siemens Medical Solutions USA Inc. is the holding company of Siemens Healthineers AG’s U.S., based in Germany. 

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These laws, as amended, prohibit federal contractors and subcontractors from discrimination in employment because of disability or status as a protected veteran.

ESTERO, FL – The U.S. Department of Labor announced its Office of Federal Contract Compliance Programs and Western Global Airlines Inc. have entered into a conciliation agreement in which the employer will pay $84,727 in back wages and interest to resolve alleged gender-based pay discrimination at the company’s Estero facility. 

A routine compliance review of Western Global Airlines initially raised concerns about base pay and bonuses for female managers, support professionals, technicians and administrators. The agency determined the employer’s actions violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color, religion, sex, sexual orientation, gender identity or national origin.

Western Global Airlines agreed to resolve the OFCCP’s preliminary findings by paying 18 female workers $79,977 in back wages and interest, as well as $4,750 in bonuses. As part of the agreement, the employer will conduct an annual review of its compensation policies and practices and provide training to company officials responsible for determining compensation. During the agency’s compliance evaluation, the employer also made $157,500 in pay equity adjustments to female employees.

“As a federal contractor, Western Global Airlines Inc. must ensure their employment practices are free of discrimination, provide all employees with equal employment opportunities and audit their processes to make sure no barriers to equal employment exist,” said Office of Federal Contract Compliance Programs Acting Southeast Regional Director Diana Sen. 

View the conciliation agreement. 

Since 2023, Western Global Airlines Inc. has been paid more than $4.5 million in federal contracts to provide scheduled freight air transportation services to the Department of Defense’s U.S. Transportation Command.   

OFCCP launched the Class Member Locator to identify applicants or workers who may be entitled to monetary relief and/or consideration for job placement as a result of OFCCP’s compliance evaluations and complaint investigations. 

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Together, these laws prohibit employment discrimination.

Learn more about OFCCP.