Agency Acronym
OFCCP
DOL Search Collections ID
4948

Penn State to pay $703K, enter into conciliation agreement to resolve gender pay discrimination affecting 65 employees

News Release

Penn State to pay $703K, enter into conciliation agreement to resolve gender pay discrimination affecting 65 employees

Department of Labor alleges university paid women less than male colleagues

PHILADELPHIA – Pennsylvania State University will pay $703,742 in back wages and interest and enter into a conciliation agreement with the U.S. Department of Labor to resolve alleged gender pay discrimination against female employees.

Based on a compliance review by the department’s Office of Federal Contract Compliance Programs, the agency found that, since at least July 1, 2020, Penn State allegedly paid 65 women employees less than men holding similar positions in facilities operations and maintenance, extension education and senior administration jobs. This also included some female faculty in research professor roles at the College of Engineering and the Applied Research Laboratory and some female faculty in teaching professor roles at the College of Agricultural Sciences and the Donald P. Bellisario College of Communications. 

“The Office of Federal Contract Compliance Programs ensures that federal contractors provide workplaces free from discrimination. Penn State must make certain its employment practices comply with all federal law, including those that seek to eliminate gender-based barriers to equal employment,” remarked Office of Federal Contract Compliance Program Acting Director Michele Hodge.

In addition to paying the back wages, Penn State agreed to take steps to make sure its compensation practices and policies are free from discrimination. 

The university’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. 

“Employers that hold federal contracts must provide all employees with equal employment opportunities and audit their employment processes to make certain no barriers to equal employment exist,” said Office of Federal Contract Compliance Programs Mid-Atlantic Regional Director Samuel B. Maiden in Philadelphia. 

The state’s largest public university, Penn State is among the nation’s biggest and best-known universities. In 2024, Penn State received more than $178 million in payments from federal contracts with agencies including the Centers for Disease Control and Prevention, NASA, the Nuclear Regulatory Commission and the departments of Defense and Agriculture. 

OFCCP launched the Class Member Locator to identify applicants or workers who may be entitled to monetary relief and/or consideration for job placement because of OFCCP’s compliance evaluations and complaint investigations. If you think you may be an affected class member employed at Penn State during the investigative period, 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.

Agency
Office of Federal Contract Compliance Programs
Date
September 18, 2024
Release Number
24-1886-NAT
Media Contact: Joanna Hawkins
Media Contact: Leni Fortson
Share This

Leggett & Platt, Incorporated to pay $407K in back wages, interest to resolve hiring discrimination alleged in US Department of Labor review

News Release

Leggett & Platt, Incorporated to pay $407K in back wages, interest to resolve hiring discrimination alleged in US Department of Labor review

HIGH POINT, NC – The U.S. Department of Labor announced that its Office of Federal Contract Compliance Programs has entered into a conciliation agreement with one of the nation’s leading producers of bedding components and home and work furniture, in which the federal contractor will pay $407,402 in back wages and interest to resolve alleged hiring discrimination at a High Point production facility. 

During a routine compliance review of Leggett & Platt, Incorporated, OFCCP determined that between Nov. 23, 2018 and Nov. 23, 2020, the employer’s hiring practices at the facility discriminated against 308 Black, White and Hispanic applicants for production associate positions in violation of Executive Order 11246. The law prohibits federal contractors from discriminating in employment based on race, color, religion, sex, sexual orientation, gender identity or national origin. 

“As a federal contractor, Leggett & Platt must ensure their employment practices are free of discrimination. They must also provide all applicants with equal employment opportunities and audit their processes to make certain no barriers to equal employment exist,” said Office of Federal Contract Compliance Programs Acting Southeast Regional Director Diana Sen. “By entering into a federal contract, employers agree to ensure equal opportunity for all workers and compliance with all federal employment laws.” 

In addition to paying back wages to affected class members, the conciliation agreement requires Leggett & Platt to provide 30 job offers to eligible class members, as positions become available. The company also agreed to review and revise its hiring process and ensure its hiring policies and procedures are free from discrimination.

View the conciliation agreement

Leggett & Platt, Incorporated has contracts to provide mattress production materials to the U.S. Department of Justice. Since 2018, the company has held more than $3 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 applied for a production associate position with Leggett & Platt, Incorporated at its High Point, North Carolina, 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.

Agency
Office of Federal Contract Compliance Programs
Date
July 30, 2024
Release Number
24-1331-ATL
Media Contact: Eric R. Lucero
Phone Number
Media Contact: Erika Ruthman
Share This

Federal cable, telecommunications contractor to pay $80K to resolve alleged hiring discrimination at Hauppauge, New York, facility

News Release

Federal cable, telecommunications contractor to pay $80K to resolve alleged hiring discrimination at Hauppauge, New York, facility

Investigation found CSC Holdings Inc. based hiring on gender

NEW YORK – The U.S. Department of Labor announced its Office of Federal Contract Compliance Programs has entered into a conciliation agreement with a federal provider of cable and telecommunications services to resolve allegations of gender-based hiring discrimination at the company’s Hauppauge facilities.

The agreement follows a routine OFCCP compliance evaluation that preliminarily found that, from Jan. 1, 2017, to Dec. 31, 2017, CSC Holdings Inc. discriminated against female job applicants applying for account executive residential positions. OFCCP determined the company’s actions at this location 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.

“Our conciliation agreement with CSC Holdings Inc. signifies the Office of Federal Contract Compliance Programs’ commitment to resolving discrimination issues and ensuring equal opportunity for wage earners in New York and New Jersey,” said Office of Federal Contract Compliance Programs Northeast Regional Director Diana Sen in New York.

To resolve the alleged hiring discrimination, CSC Holdings Inc. has agreed to pay the female job applicants $80,000 in back pay and interest.

View the conciliation agreement.

CSC Holdings Inc. is a communications and media company that provides cable and telecommunications services, including internet protection, Wi-Fi hotspots, router, mobile TV application, cable boxes and mobile data services. CSC Holdings’ Hauppauge facility employs salespeople in direct sales positions. Since 2016, the company has held more than $557,820 in federal contracts to provide cable and telecommunications services to the departments of Veteran Affairs and the Air Force.

OFCCP launched the Class Member Locator to identify applicants or workers who may be entitled to monetary relief and/or consideration for job placement because of OFCCP’s compliance evaluations and complaint investigations. If you think you may be a class member who applied for an account executive residential position with CSC Holdings Inc. at its Hauppauge, NY 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.

Agency
Office of Federal Contract Compliance Programs
Date
July 25, 2024
Release Number
24-986-NEW
Media Contact: James C. Lally
Phone Number
Media Contact: Ted Fitzgerald
Share This

State Street Corp. allocates $4.2M for future pay adjustments to resolve alleged gender wage discrimination

News Release

State Street Corp. allocates $4.2M for future pay adjustments to resolve alleged gender wage discrimination

BOSTON – The U.S. Department of Labor announced that its Office of Federal Contract Compliance Programs and State Street Corp., a federal financial services provider, have entered into a conciliation agreement in which the employer has agreed to allocate $4.2 million for future pay adjustments to resolve alleged compensation discrimination.

Routine OFCCP compliance evaluations at four Boston-area State Street establishments initially raised concerns about base pay and bonuses for female managing directors, and OFCCP determined that 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 findings, State Street has agreed to set aside $4.2 million for future pay equity adjustments to make sure its compensation practices and policies are free of discrimination. As part of the agreement, the employer will also work with a consultant to conduct a pay equity analysis for all State Street establishments nationwide, evaluating base pay and total compensation for all employees. The employer has already made at least $483,000 in pay equity adjustments to female managing directors.

“Our conciliation agreement with State Street Corp. illustrates the Office of Federal Contract Compliance Programs’ commitment to bridge gender wage gaps and successfully achieve pay equality for women in the nation’s workforce,” said Office of Federal Contract Compliance Program Acting Director Michele Hodge. “Federal contractors like State Street Corp. must make certain its employment practices comply with all federal law, including those that seek to eliminate gender-based barriers to equal employment,” added Hodge.

View the conciliation agreement.

State Street Corp. is a global financial services and bank holding company with contracts to provide financial services to the Pension Benefit Guaranty Corp. Since 2020, State Street Corp. has held more than $69 million in federal contracts.

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.

 

Agency
Office of Federal Contract Compliance Programs
Date
July 22, 2024
Release Number
24-1344-BOS
Media Contact: James C. Lally
Phone Number
Media Contact: Ted Fitzgerald
Share This

Federal contractor Deere & Co. resolves alleged hiring discrimination, pays $1.1M in back wages, interest to affected Black, Hispanic jobseekers

News Release

Federal contractor Deere & Co. resolves alleged hiring discrimination, pays $1.1M in back wages, interest to affected Black, Hispanic jobseekers

Compliance evaluations found job applicants not hired in Illinois, Iowa

MOLINE, IL – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has entered into a conciliation agreement with Deere & Co. to resolve alleged systemic hiring discrimination affecting Black and Hispanic applicants at three of the global agricultural, construction and forestry equipment manufacturer’s production facilities in Illinois and Iowa.

The agreement follows routine compliance evaluations by OFCCP that found hiring disparities at the company’s facilities in Milan, Illinois, and Ankeny and Waterloo, Iowa. 

Preliminary findings alleged discrimination against 33 Black and 12 Hispanic applicants for warehouse positions in Milan; 36 Black applicants for assembler positions in Ankeny; and against 196 Black applicants for production positions in Waterloo. Executive Order 11246 prohibits federal contractors from discriminating in employment based on race, sex, color, religion, sexual orientation, gender identity or national origin. 

To resolve the allegations, Deere & Co. will pay $1,105,000 in back wages and interest to affected job applicants and provide 53 job offers to eligible class members. As part of the agreement, the Moline-based company will also evaluate its personnel practices, including its recordkeeping and internal auditing procedures. 

“Over the past 58 years, the Office of Federal Contract Compliance Programs has helped define and defend equal employment opportunity in the American workplace. We are committed to tackling employment policies and practices that create barriers to opportunity and perpetuate inequality,” said Office of Federal Contract Compliance Programs Acting Director Michele Hodge. “Companies that accept federal contracts must monitor their hiring processes to ensure applicants are not rejected based on unlawful practices.” 

Deere & Co. is a contractor for federal agencies, including the departments of Agriculture, the Army, the Interior and Transportation as well as the Defense Logistics Agency and the U.S. Forest Service.

“The U.S. Department of Labor is committed to protecting America’s jobseekers from employment discrimination,” said Office of Federal Contract Compliance Programs Midwest Regional Director Carmen Navarro. “The settlement reached with Deere & Co. resolves the hiring discrimination uncovered by OFCCP and ensures actions will be taken to correct and prevent a recurrence of discrimination.”

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 compliance evaluations and complaint investigations. If you think you may be a class member who applied for positions with Deere & Co. 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.

Agency
Office of Federal Contract Compliance Programs
Date
June 6, 2024
Release Number
24-311-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
Share This

Arakelian Enterprises will pay $104K to resolve alleged hiring discrimination

News Release

Arakelian Enterprises will pay $104K to resolve alleged hiring discrimination

Waste collection contractor to pay back wages, interest to 54 female job applicants

SAN FRANCISCO – The U.S. Department of Labor announced that its Office of Federal Contract Compliance Programs has reached a conciliation agreement with a Southern California waste collection and recycling company to resolve alleged hiring discrimination against female job applicants cited in a review of the company’s federal contracts.

The agreement follows an OFCCP compliance review of Arakelian Enterprises Inc. that found, from July 1, 2017 to June 30, 2018, the company — operating as Athens Services — discriminated against female applicants for positions as operatives and laborers. 

OFCCP enforces Executive Order 11246 which prohibits federal contractors from discriminating in employment based on race, sex, color, religion, sexual orientation, gender identity or national origin.

To resolve the allegations, Arakelian Enterprises Inc. — operating as Athens Services — will pay $104,658 in back pay and interest to 54 unsuccessful applicants and extend 10 job opportunities to female applicants for open positions. The company must also review and revise its hiring process and provide enhanced training to managers to prevent future hiring discrimination. 

“Federal contractors and subcontractors must ensure that their employment policies and practices provide equal employment opportunity to all employees, regardless of sex,” explained Office of Federal Contract Compliance Programs Regional Director Jane Suhr in San Francisco. “The U.S. Department of Labor remains committed to holding companies with federal contracts accountable for ensuring equal employment opportunity.” 

Based in City of Industry, Arakelian Enterprises Inc. provides waste collection and recycling services, including automated collection, organic waste composting, storage box rentals and other related services. Since 2017, the company provides services to federal prisons under contract to the Department of Justice and Bureau of Prisons. Arakelian holds over $1.5 million in federal contracts.

Learn more about OFCCP. If you think you may be a member of the affected class during the investigative period, please visit the Class Member Locator. The agency offers 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.

Agency
Office of Federal Contract Compliance Programs
Date
June 4, 2024
Release Number
24-576-SAN
Media Contact: Michael Petersen
Media Contact: Jose Carnevali
Share This

Caterpillar to pay $800K to resolve racial hiring discrimination at Decatur, Illinois, facility alleged in federal compliance review

News Release

Caterpillar to pay $800K to resolve racial hiring discrimination at Decatur, Illinois, facility alleged in federal compliance review

Federal investigation found Black applicants not hired based on race

DECATUR, IL – The U.S. Department of Labor has entered into a conciliation agreement with Caterpillar Inc. to resolve alleged systemic hiring discrimination against 60 Black applicants at one of the heavy equipment manufacturer’s production facilities in Decatur, Illinois.

To resolve the allegations, Caterpillar Inc. will pay $800,000 in back wages and interest to affected job applicants and offer jobs to 34 eligible class members. The company also agreed to ensure its hiring policies and procedures are free from discrimination and provide training to all managers, supervisors, and other company officials who oversee hiring decisions. 

During a routine compliance review by the department’s Office of the Federal Contract Compliance Programs found that Caterpillar discriminated against 60 Black applicants who applied for fabrication specialist/welder positions at its Decatur facility from March 30, 2018, to March 30, 2020. OFCCP enforces Executive Order 11246 which prohibits federal contractors from discriminating in employment based on race, sex, color, religion, sexual orientation, gender identity or national origin. 

“Over the past 58 years, OFCCP has helped define and defend equal employment opportunity in the American workplace. We are committed to tackling employment policies and practices that create barriers to opportunity and perpetuate inequality,” said Office of Federal Contract Compliance Programs Acting Director Michele Hodge. “Companies that accept federal contracts must monitor their hiring processes to ensure applicants are not rejected based on unlawful practices.” 

Our agreement with Caterpillar exemplifies the Office of Federal Contract Compliance Programs’ commitment to addressing and remedying preliminary indicators of discrimination in our compliance evaluations,” said Office of Federal Contract Compliance Programs Regional Director Carmen Navarro in Chicago. “This agreement provides meaningful compensation and job opportunities to affected individuals and aims to ensure that all applicants, irrespective of their race, are considered equally for employment.”

Caterpillar Inc. has contracts to provide machinery to the U.S. Department of the Army and since 2018 Caterpillar Inc. has held more than $481 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 applied for a fabrication specialist/welder position with Caterpillar Inc. at its Decatur 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.

Agency
Office of Federal Contract Compliance Programs
Date
May 21, 2024
Release Number
24-440-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
Share This

Sysco West Coast Florida to pay $133K in back wages, interest to resolve hiring discrimination alleged in federal review

News Release

Sysco West Coast Florida to pay $133K in back wages, interest to resolve hiring discrimination alleged in federal review

Department of Labor finds violation of rights of 95 female applicants

PALMETTO, FL – A subsidiary of one of the nation’s largest food service distributors has entered into a conciliation agreement with the Department of Labor’s Office of Federal Contract Compliance Programs and will pay $133,625 in back wages and interest to resolve alleged hiring discrimination by Sysco West Coast Florida Inc. at its Palmetto facility against 95 female applicants for outbound selector positions.  

The routine compliance review of Sysco West Coast Florida Inc. by OFCCP alleged that from Jan. 1, 2018, through Dec. 31, 2019, the employer’s hiring practices violated Executive Order 11246 and discriminated against the affected women applicants. Federal law prohibits federal contractors from discriminating in employment based on race, color, religion, sex, sexual orientation, disability, gender identity or national origin. 

As part of its early resolution conciliation agreement, the federal contractor also agreed to take steps to make sure its selection process, personnel practices and hiring policies are free from discrimination, and that its recordkeeping methods comply with federal law. The employer will also offer jobs to nine affected female applicants as positions become available. 

“Federal contractors like Sysco West Coast Florida are required to make certain its employment practices comply with all federal law, including those that seek to eliminate gender-based barriers to equal employment,” said Office of Federal Contract Compliance Programs Southeast Acting Regional Director Diana Sen.

Sysco Corp. has contracts to provide food service distribution to the departments of Interior, Health and Human Services and Veterans Affairs. Since 2019, it has held more than $102 million in federal contracts. The company employs about 72,000 people worldwide.

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 applied for an outbound selector position with Sysco West Coast Florida Inc. at its Palmetto, Florida, facility during the investigative period, please use OFCCP’s Class Member Locator to learn more about this and other settlementsLearn more about OFCCP, or call 800-397-6251.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.

Agency
Office of Federal Contract Compliance Programs
Date
May 2, 2024
Release Number
24-820-ATL
Media Contact: Eric R. Lucero
Phone Number
Media Contact: Erika Ruthman
Share This

Department of Labor adds 16 new large federally funded projects to program promoting equal access to good jobs created by Investing in America agenda

News Release

Department of Labor adds 16 new large federally funded projects to program promoting equal access to good jobs created by Investing in America agenda

Mega Construction Project Program fosters equal opportunity in the construction trades

WASHINGTON – The Department of Labor today announced the addition of 16 large infrastructure projects, funded through the Biden-Harris administration’s $2 trillion Investing in America agenda, to the Mega Construction Project Program.

The department’s Office of Federal Contract Compliance Programs launched the “Megaproject” Program in March 2023. It aims to foster equal opportunity in the construction trades’ workforce and expand access to the millions of good jobs being created by large federal or federally assisted construction projects valued at $35 million or more and that last more than one year.

“The Biden-Harris administration is committed to building a workforce that looks like America—and the Megaproject Program is all about us putting our money where our mouths are,” said Acting Secretary Julie Su. “Under President Biden’s leadership, we are removing barriers that prevent people from all backgrounds from having their opportunity to secure the good jobs supported by the Investing in America agenda. At the Department of Labor, we will continue to work with hundreds of construction contractors on large federally funded projects to ensure that these economic investments are accessible to all communities.”

The program brings together the public and private sectors to provide a diverse pool of qualified workers with access to good jobs and promotes equitable hiring and fair workplace practices by federal contractors, with a focus on removing barriers for underrepresented communities including women, people of color, veterans and people with disabilities. OFCCP leverages relationships in local communities and assists contractors in strengthening their recruitment, hiring and other employment practices.

“Megaprojects provide workers with opportunities to access life-changing, good-paying construction jobs,” said Office of Federal Contract Compliance Programs Acting Director Michele Hodge. “OFCCP will unleash its full power by engaging stakeholders in the community proactively to remove hiring barriers in the construction trades and ensure these historic federal investments reach underrepresented communities.” 

To designate these Megaprojects, OFCCP partnered with the departments of Commerce, Energy, Interior and Transportation, as well as with the Army Corps of Engineers, to apply neutral criteria in making the selections. With the latest additions, the agency has now designated a total of 40 megaprojects. 

“President Biden’s Investing in America agenda is helping communities tackle the climate crisis while creating good-paying, family-sustaining jobs and revitalizing local economies,” said Secretary of the Interior Deb Haaland. “As with all of our work, we are implementing these historic investments with an eye towards equity and opportunity. The Department of the Interior is proud to partner with the Department of Labor to ensure that the benefits of these new programs reach historically marginalized communities, including Tribal Nations, and that the jobs created provide opportunity in every corner of America.”

“The Department of Transportation is proud to partner with the Department of Labor on the Megaproject Program,” said Deputy Secretary of Transportation Polly Trottenberg. “Our two agencies will help ensure that people who have historically been shut out of construction and the trades are part of the national effort to help build critical infrastructure ranging from roads, bridges, transit, rail, ports, and trails like the Atlanta Beltline.”

“Building a brighter future starts with an inclusive foundation. By fostering diversity and empowering skilled workers, the U.S. Army Corps of Engineers not only strengthens our projects but also enriches the communities we serve,” said Assistant Secretary of the Army for Civil Works Michael Connor.

View a list of projects in the Mega Construction Project Program.

Learn more about OFCCP.

Agency
Office of Federal Contract Compliance Programs
Date
April 25, 2024
Release Number
24-751-NAT
Media Contact: Edwin Nieves
Phone Number
Share This

Department of Labor joins other departments, agencies to call for fairness, equality, justice, compliance in use of AI, automated systems

News Release

Department of Labor joins other departments, agencies to call for fairness, equality, justice, compliance in use of AI, automated systems

Underscores importance of employers’, other users’ responsibilities as technologies advance

WASHINGTON The U.S. Department of Labor has joined other federal departments and agencies calling for fairness, equality, justice and compliance as automated systems — including artificial intelligence or “AI” — become more commonly used. The department also emphasized that existing legal authorities apply to the use of automated systems and new technologies as they apply to other practices.

The Department of Justice, Consumer Financial Protection Bureau, Equal Employment Opportunity Commission and Federal Trade Commission issued a joint statement on enforcement efforts in April 2023 to protect the public from bias in automated systems and artificial intelligence.

On April 4, 2024, the department’s Office of Federal Contract Compliance Programs and its Civil Rights Center underscored the importance of employers’ and other users’ responsibility to ensure that the development and use of these quickly evolving technologies are consistent with federal law.

“The Office of Federal Contract Compliance Programs is committed to resolving discrimination and ensuring equal opportunity as tools like artificial intelligence become more commonly used,” said Office of Federal Contract Compliance Programs Acting Director Michele Hodge. “AI is not a stand-alone solution, and human oversight and interpretation are critical to ensuring the ethical and legal application of artificial intelligence.”

OFCCP holds contractors and subcontractors that do business with the federal government responsible for complying with the legal requirement to take affirmative action and not discriminate on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability or status as a protected veteran. They are also prohibited from discharging or otherwise discriminating against applicants or employees who inquire about, discuss, or disclose their compensation or that of others, subject to certain limitations.

The CRC’s enforcement authority applies to recipients of financial assistance under the Workforce Innovation and Opportunity Act; American Job Center partners that offer programs or activities through the workforce development system; state and local governments and other public entities operating programs and activities related to labor and the workforce; and other recipients of financial assistance from, or programs conducted by the department. The CRC protects individuals from discrimination on the basis of race, color, religion, sex, national origin — including limited English proficiency — as well as age, disability, political affiliation or belief, and citizenship status.

“The Civil Rights Center is mindful of increasingly rapid advancements in artificial intelligence and automated systems, such as algorithm-based hiring applications,” said Civil Rights Center Director Naomi Barry-Pérez. “We will act to ensure that such developments in the public workforce development system do not violate workers’ civil rights protections.”

The updated joint statement includes examples of OFCCP’s efforts to ensure equal employment opportunity, including an FAQ on the Validation of Employee Selection Procedures. The FAQ explains that the agency will analyze federal contractors’ use of AI-based selection procedures to ensure they align with other selection practices. To better identify discrimination related to AI and other automated systems, OFCCP recently updated its compliance review process to require documentation on policies, practices or systems used by federal contractors to recruit, screen and hire, including the use of artificial intelligence, algorithms, automated systems or other technology-based selection procedures. The updated statement will also reflect CRC’s enforcement authority related to AI and automated systems’ use.

Learn more about OFCCP

Learn more about CRC.

Agency
Office of Federal Contract Compliance Programs
Date
April 5, 2024
Release Number
24-641-NAT
Media Contact: Edwin Nieves
Phone Number
Media Contact: Grant Vaught
Share This
Subscribe to Office of Federal Contract Compliance Programs