WASHINGTON, DC – Office of Federal Contract Compliance Programs (OFCCP) Director Craig Leen issued the following statement regarding updates between OFCCP and Oracle America:

“After nearly four years of litigation and investing extensive resources, the Department of Labor has determined not to appeal the 278-page Recommended Decision and Order of the Administrative Law Judge in OFCCP v. Oracle America.

“The ALJ held a nine-day trial and based much of his opinion on credibility findings and a lack of supporting qualitative evidence. The Solicitor of Labor and I have decided not to pursue the case further because we believe the likelihood of prevailing on appeal is low and because OFCCP no longer evaluates compensation in the manner rejected by the ALJ in this case. Instead, OFCCP will learn from the decision in an effort to continue improving the efficacy of its critically important compensation program.

“In conjunction with the Department’s decision not to appeal, Oracle has agreed to dismiss Oracle America, Inc. v. U.S. Department of Labor, a civil action in the U.S. District Court for the District of Columbia that challenged OFCCP’s enforcement authority.

“OFCCP will also administratively close the pending audits for Oracle establishments started before the OFCCP v. Oracle America case but will continue other existing audits.”

SAN FRANCISCO, CA – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) and AT&T Services Inc. entered into an agreement that requires AT&T to pay $173,000 and provide other non-monetary relief to address pay disparities between male and female employees in California and Nevada. While not admitting liability in the investigation, AT&T has agreed to an early resolution conciliation agreement and to enhance future compliance proactively.

During a routine compliance review, OFCCP found that, as of Feb. 1, 2019, AT&T paid 27 female employees who worked in manager network services positions less than their male counterparts. OFCCP contends that these disparities violated Executive Order 11246, which prohibits federal contractors from sex-based employment discrimination.

“The Office of Federal Contract Compliance Programs’ Early Resolution Procedures are designed to enable federal contractors and the Department to work together to address and resolve issues efficiently,” said Office of Federal Contract Compliance Programs Director Craig E. Leen. “The cooperative resolution with AT&T is an exemplar of the continued success of OFCCP’s Early Resolution Procedures.”

“We acknowledge AT&T’s willingness to quickly address the issues identified by the Office of Federal Contract Compliance Programs through the Early Resolution Procedures, and for taking proactive efforts that will have a positive impact on the company’s workforce,” said Office of Federal Contract Compliance Programs Regional Director for the Pacific Region Jane Suhr, in San Francisco, California.

In addition to paying back wages and making salary adjustments, AT&T agreed to take proactive steps to ensure its compensation practices do not discriminate based on sex, race or ethnicity, disability or protected veteran status. AT&T agreed to conduct annual compensation analyses across its entire Technical Field Services-West workforce, making salary adjustments as necessary.

AT&T will also train, on an annual basis, human resources professionals and others responsible for compensation about their affirmative action obligations, pay transparency regulations, and the need to guard against implicit bias and stereotypes. AT&T will submit reports to OFCCP on these activities for the next three years.

In 2018, OFCCP launched an effort to resolve supply and service compliance evaluations at the earliest stage possible with corporate-wide compliance, and issued a directive establishing Early Resolution Procedures. These procedures allow OFCCP and contractors with multiple establishments to cooperatively implement corporate-wide compliance with OFCCP’s regulatory requirements and efficiently resolve issues. This early resolution conciliation agreement with AT&T resulted from the Early Resolution Procedures directive.

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, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

PLANO, TX – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) and DXC Technology Co. (DXC) – formerly known as Hewlett-Packard Co. – have entered into a conciliation agreement to resolve allegations of compensation discrimination against female employees.

An OFCCP compliance evaluation found that on Nov. 1, 2012, DXC paid female employees less than comparable male employees with positions in finance, including opportunity consultants, pre-sale consultants and service segment management. OFCCP determined the contractor’s actions violated Executive Order 11246, which prohibits federal contractors from employment discrimination based on race, color or national origin.

“The Department of Labor and DXC will ensure the company will take measures to comply with compensation practices and equal employment opportunity laws,” said Office of Federal Contract Compliance Programs Southwest and Rocky Mountain Director Melissa Speer, in Dallas, Texas.

DXC Technology has agreed to pay $650,000 in back pay and interest to resolve allegations of compensation discrimination affecting female employees. In addition, the employer will conduct annual self-analysis of pay and revise its compensation policies and procedures to establish monitoring and oversight mechanisms to ensure that all aspects of its compensation systems provide equal opportunity to all of its employees as required by law.

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, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

If you think you may be one of the workers eligible for back pay or job opportunities from this settlement, or may know someone who is, please visit the OFCCP Class Member Locator at http://www.dol.gov/ofccp/cml, where you can also find information about other OFCCP settlements.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

PRINCE GEORGE, VA – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) and Rolls-Royce North America Holdings Inc. have entered into an Early Resolution Conciliation Agreement to resolve allegations of hiring discrimination.

While denying OFCCP’s allegations, Rolls-Royce has agreed to pay $135,000 in back wages and interest to 26 female applicants not selected for machine operator positions at its manufacturing facility in Prince George, Virginia, and provide job opportunities to four of the affected female applicants.

The findings of OCFFP’s compliance evaluation show that from Jan. 1, 2017 to Dec. 31, 2017, Rolls-Royce discriminated against 26 female applicants who applied for a position as a CNC Machine Operator II-Turbine. OFCCP found the company’s action violated Executive Order 11246, which prohibits gender-based discrimination in hiring by federal contractors. Rolls-Royce also agreed to evaluate its process, policies, and procedures to hire individuals for similar skilled operator roles to ensure equal access and opportunity.

“The Office of Federal Contract Compliance Programs’ Early Resolution Procedures are designed to enable federal contractors and the Department to work together to address and resolve issues of non-compliance efficiently,” said Office of Federal Contract Compliance Programs Director Craig E. Leen in Washington, D.C.

“Companies that accept federal contracts must monitor their hiring processes to ensure applicants are not rejected based on unlawful practices,” said Office of Federal Contract Compliance Programs Regional Director Michele Hodge, in Philadelphia, Pennsylvania.

Headquartered in Reston, Virginia, Rolls-Royce North America Holdings Inc. provides management direction for all Rolls-Royce businesses and operations in the United States and Canada, and houses Rolls-Royce North America corporate support functions, including finance, human resources, legal, and government relations. The company holds federal contracts with government agencies including the Department of the Navy, Federal Aviation Administration, Department of the Air Force, U.S. Coast Guard, NASA and the Department of the Army.

In November 2018, OFCCP issued a directive establishing Early Resolution Procedures, launching an initiative to promote early and efficient resolution of supply and service compliance evaluations. These procedures allow OFCCP and contractors with multiple establishments to implement corporate-wide compliance cooperatively with OFCCP’s regulatory requirements, and resolve identified issues efficiently. In turn, contractors are exempt from future OFCCP evaluations for five years.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment based on race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed or disclosed their compensation or that of others, subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.

OFCCP launched the Class Member Locator to identify applicants and/or workers who have been impacted by OFCCP’s compliance evaluations and who may be entitled to a portion of monetary relief and/or consideration for job placement. If you think you may be a class member who applied during the period of the investigation, please visit our website at http://www.dol.gov/ofccp/CML/index.htm, where you can also find information about other recent OFCCP settlements.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

NEW YORK, NY – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has entered into an Early Resolution Conciliation Agreement with JP Morgan Chase & Co., resolving allegations that the financial institution engaged in systemic compensation discrimination against female employees in certain professional positions, and establishes enhanced future compliance commitments. The parties have submitted a proposed consent decree that is subject to approval by the Administrative Law Judge.

An OFCCP compliance review in 2012 found that JP Morgan Chase paid at least 93 females employed within its Investment Bank, Technology & Market Strategies unit, less than comparable men employed in the same positions. OFCCP filed suit against JP Morgan Chase with the Department’s Office of Administrative Law Judges in January 2017. 

While not admitting liability, JP Morgan Chase will, as part of the overall agreement, pay at least $9.8 million – which includes $800,000 in back pay and interest to 67 eligible litigation class members, and a minimum of $9 million in pay equity adjustments for female and minority employees across the JP Morgan Chase U.S. workforce over the next five years. The employer will also take other corrective actions to ensure that its compensation practices meet legal requirements, and conduct annual assessments to ensure pay equity for female and minority employees.         

“This settlement is a strong resolution to this matter, providing corporate-wide prospective relief to not only the litigation class members, but also to employees at every level throughout the company,” said Office of Federal Contract Compliance Programs Director Craig E. Leen in Washington, D.C.

“Federal contractors must ensure their pay practices do not violate anti-discrimination laws,” said Regional Solicitor of Labor Jeffrey S. Rogoff in New York. “When they fail to do so, the U.S. Department of Labor will continue to pursue appropriate legal remedies so that companies with federal contracts provide equal pay, employment opportunities and practices for their employees.”

“The Office of Federal Contract Compliance Programs acknowledges JP Morgan Chase’s cooperation to resolve these pay issues and to comply with the nondiscrimination provisions of Executive Order 11246 and work proactively to ensure ongoing compliance,” said Office of Federal Contract Compliance Programs Northeast Regional Director Diana Sen in New York.

In November 2018, OFCCP issued a directive establishing Early Resolution Procedures, launching an initiative to promote early and efficient resolution of supply and service compliance evaluations. These procedures allow OFCCP and contractors with multiple establishments to implement corporate-wide compliance cooperatively with OFCCP’s regulatory requirements, and resolve identified issues efficiently. In turn, contractors are exempt from future OFCCP evaluations for five years.

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, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed or disclosed their compensation or the compensation of others, subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

Counsel for Civil Rights Sudwiti Chanda, attorneys Alex M. Kondo and Molly J. Theobald of the regional Office of the Solicitor in New York, and Anna Laura Bennett of the Department’s Civil Rights and Labor Management Division in Washington, DC, represented OFCCP in the litigation.

Office of Federal Contract Compliance Programs, U.S. Department of Labor, v. JPMorgan Chase & Co.

Case No. 2017-OFC-00007

WASHINGTON, DC – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) today published a Final Rule titled “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination.”

The rule codifies two formal notices that OFCCP uses when it finds potential violations of Executive Order 11246 or the OFCCP regulations implementing the Executive Order: the Predetermination Notice and the Notice of Violation. These pre-enforcement notices provide federal contractors with an explanation of the agency’s preliminary findings of discrimination, and give contractors an opportunity to respond, allowing for a greater shared understanding of the case and providing opportunities to conciliate. The rule also recognizes the availability of voluntary conciliation agreements early in the resolution process.

“The Office of Federal Contract Compliance Programs has applied the principles now encoded in this rule since 2017,” said Office of Federal Contract Compliance Programs Director Craig Leen. “This had been the most productive period in OFCCP’s history, and fiscal years 2019 and 2020 have been the agency’s two top years for recoveries by far. This rule will help OFCCP continue to succeed in achieving its critical mission for years to come.”

The final rule will help OFCCP continue increasing the number of contractors that the agency evaluates and focus on resolving stronger cases of potential discrimination through the strategic allocation of limited agency resources. The procedures codified in the final rule aim to achieve that end by increasing the transparency of OFCCP’s procedures and evidentiary standards so that contractors and OFCCP can resolve potential violations through a clear, mutual understanding of the issues.  

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, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

Editor’s note: this version corrects an error regarding publication in the Federal Register. The final rule was sent to the Federal Register and will be published in an upcoming edition.

WASHINGTON, DC – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) today published in the Federal Register a Final Rule titled “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination.”

The rule codifies two formal notices that OFCCP uses when it finds potential violations of Executive Order 11246 or the OFCCP regulations implementing the Executive Order: the Predetermination Notice and the Notice of Violation. These pre-enforcement notices provide federal contractors with an explanation of the agency’s preliminary findings of discrimination, and give contractors an opportunity to respond, allowing for a greater shared understanding of the case and providing opportunities to conciliate. The rule also recognizes the availability of voluntary conciliation agreements early in the resolution process.

“The Office of Federal Contract Compliance Programs has applied the principles now encoded in this rule since 2017,” said Office of Federal Contract Compliance Programs Director Craig Leen. “This had been the most productive period in OFCCP’s history, and fiscal years 2019 and 2020 have been the agency’s two top years for recoveries by far. This rule will help OFCCP continue to succeed in achieving its critical mission for years to come.”

The final rule will help OFCCP continue increasing the number of contractors that the agency evaluates and focus on resolving stronger cases of potential discrimination through the strategic allocation of limited agency resources. The procedures codified in the final rule aim to achieve that end by increasing the transparency of OFCCP’s procedures and evidentiary standards so that contractors and OFCCP can resolve potential violations through a clear, mutual understanding of the issues.  

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, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

HERMITAGE, TN – After a routine compliance review by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), Deloitte Services LP will pay $275,000 in back pay and interest to 34 female employees to resolve allegations of wage discrimination at its worksite in Tennessee.

Deloitte Services LP provides internal support to Deloitte LLP, a nationwide provider of audit, consulting, tax and advisory services. The internal support for large-scale federal contracts includes market development, sales, security, finance, and accounting along with technology and administrative services.

During the review, OFCCP found that Deloitte Services LP discriminated when it paid female employees in technology services in Hermitage, Tennessee, less than their male counterparts. OFCCP also found that the federal contractor failed to adequately evaluate female placement rates into certain positions within the Market Development function at its Atlanta, Georgia, location and the Workplace Services function at its Hermitage, Tennessee, location.

“The U.S. Department of Labor is committed to combating pay discrimination and ensuring fair compensation of all employees,” said Office of Federal Contract Compliance Programs Deputy Director Patricia Davidson, in Washington, D.C. “Deloitte Services LP is working cooperatively with the Department to resolve these matters and to prevent similar issues from happening again.”

Deloitte Services LP will pay back pay and interest to 34 female employees in technology services, ensure that its compensation policies and pay procedures are free from discrimination, and provide training to all managers, supervisors and other company officials who oversee pay decisions in the Tennessee and Georgia locations. The contractor denies the allegations.

If you think you may be one of the applicants eligible for back pay from this settlement, or may know someone who is, please visit the OFCCP Class Member Locator for information about this, and other OFCCP settlements.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

WASHINGTON, DC – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) revised the Memorandum of Understanding (MOU) it has with the Equal Employment Opportunity Commission (EEOC) on the coordination functions of Title VII of the Civil Rights Act and Executive Order 11246.

“The Office of Federal Contract Compliance Programs is pleased to renew and update its Memorandum of Understanding with the Equal Employment Opportunity Commission and to add the Department of Justice to this agreement for the first time. The updated and broadened memorandum will help OFCCP, EEOC and the Department of Justice to coordinate in the effective and efficient enforcement of civil rights laws for the benefit of America’s workforce,” said Office of Federal Contract Compliance Programs Director Craig E. Leen.

OFCCP and EEOC first entered into this MOU in 1970 to further the objectives of Congress under Title VII of the Civil Rights Act of 1964, as amended (Title VII), in coordination with Executive Order 11246, 30 FR 12319, as amended, and Executive Order 12067, 43 FR 28967 – EEOC’s government-wide coordination authority. This MOU has broadly promoted interagency coordination in the enforcement of equal employment opportunity (EEO) laws and has also served to maximize effort, promote efficiency and eliminate conflict, competition, duplication; and inconsistency among the operations, functions and jurisdictions of the parties to the MOU.

The revised MOU strengthens and streamlines interagency coordination in the enforcement of EEO laws. Major revisions include:

• Provisions allowing OFCCP greater latitude to retain individual complaints of discrimination against government contractors while continuing to provide for referral to the EEOC as a matter of discretion. The change ensures a role for OFCCP in addressing invidious discrimination against individual employees, changing a previous policy under which OFCCP was required to refer most such dual-filed complaints to EEOC;
• The inclusion of the Assistant Attorney General for the U.S. Department of Justice’s Civil Rights Division (DOJ) to the MOU as a signatory. The DOJ’s involvement will help ensure that the agencies take a consistent approach to the complex enforcement and legal issues that arise under EEO laws. The MOU now requires OFCCP and EEOC to consult with the DOJ regarding cases that raise issues of law that are novel, unsettled or may have significant precedential value;
• The adoption of several measures to ensure that senior officials at all three agencies are directly involved in the ongoing coordination efforts pursuant to the MOU;
• The inclusion of federal protections for religious liberty and conscience protections as an area of focus for coordination efforts; and
• Using the MOU as their charter, OFCCP, EEOC and the DOJ will collaborate further on civil rights enforcement to remedy discrimination successfully.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

PHILADELPHIA, PA – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has entered into a conciliation agreement with Becton, Dickinson and Co. – a federal contractor – to resolve allegations of compensation discrimination at the medical technology company’s facilities in Sparks and Hunt Valley, Maryland. While the employer denies OFCCP’s allegations, Becton, Dickinson and Company has agreed to pay $100,000 in back pay and interest to 104 African American female employees.

Findings from OFCCP’s compliance evaluation show that as of Jan. 1, 2018, the employer paid African American female employees in hourly manufacturing and operations positions less than male and other non-African American female employees. OFCCP determined that the employer’s actions violated Executive Order 11246, which prohibits race and gender discrimination related to compensation by federal contractors.

“The Office of Federal Contract Compliance Programs is committed to enforcing Executive Order 11246, which prohibits discrimination in pay or any other form of compensation,” said Mid-Atlantic Regional Director Michele Hodge, of the Office of Federal Contract Compliance Programs in Philadelphia, Pennsylvania.

Based in Franklin Lakes, New Jersey, Becton, Dickinson and Co. focuses on improving medical discovery, diagnostics and the delivery of care. The U.S. Department of Defense, in collaboration with the U.S. Department of Health and Human Services recently awarded federal contracts to the company to support the scale-up of coronavirus diagnostic testing.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.  These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment based on race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or that of others, subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.

OFCCP launched the Class Member Locator (CML) 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. If you think you may be a class member, please visit our website at http://www.dol.gov/ofccp/CML/index.htm, where you can also find information about other recent OFCCP settlements.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.