Agency Acronym
OFCCP
DOL Search Collections ID
4948

U.S. Department of Labor and the University of Delaware Enter Agreement to Resolve Alleged Hiring Discrimination

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U.S. Department of Labor and the University of Delaware Enter Agreement to Resolve Alleged Hiring Discrimination

NEWARK, DE – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has entered into an early resolution conciliation agreement with the University of Delaware in Newark, to resolve allegations of systemic hiring discrimination. The university has agreed to pay $100,000 in back pay, interest and benefits to the affected male class members who applied and were not hired for custodial technician positions.

The preliminary findings of OFCCP’s routine compliance evaluation show that from July 1, 2017 through June 30, 2018, the university discriminated against 210 male applicants for custodial technician positions in violation of Executive Order 11246, which prohibits gender-based discrimination in hiring by federal contractors.

While not admitting liability, the University of Delaware agreed to an early resolution conciliation agreement and to enhance future compliance proactively. The University of Delaware will also evaluate its selection procedures, and conduct an in-depth review of its practices to ensure there are no discriminatory selection practices.

“The Office of Federal Contract Compliance Programs’ Early Resolution Procedures help ensure prompter and broader relief for America’s workforce by allowing contractors facing a potential violation to proactively correct such violations and ensure future enterprise-wide compliance,” said Office of Federal Contract Compliance Programs Director Craig E. Leen.

“Federal contractors are legally obligated to monitor their hiring processes and ensure applicants are not rejected due to unlawful practices,” said Office of Federal Contract Compliance Programs Regional Director Michele Hodge, in Philadelphia, Pennsylvania.

In 2020, the University of Delaware secured federal contracts for products and services from the U.S. Department of Agriculture, National Institutes of Health, Department of the Army, National Oceanic and Atmospheric Administration, National Aeronautics and Space Administration, and Federal Railroad Administration.

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 between (2017) and (2018), 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.

Agency
Office of Federal Contract Compliance Programs
Date
October 7, 2020
Release Number
20-1875
Media Contact: Leni Fortson
Media Contact: Joanna Hawkins
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U.S. Department of Labor and Princeton University Reach Agreement To Resolve Pay Disparities in Professors’ Positions

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U.S. Department of Labor and Princeton University Reach Agreement To Resolve Pay Disparities in Professors’ Positions

NEW YORK, NY – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) and Princeton University entered into an early resolution conciliation agreement to resolve allegations of compensation discrimination. Princeton University has agreed to pay $925,000 in back pay and at least $250,000 in future salary adjustments to resolve allegations of compensation discrimination by OFCCP.

While not admitting liability in the investigation, Princeton University agreed to an early resolution conciliation agreement, and to enhance future compliance proactively.

OFCCP’s preliminary findings showed that – between 2012 and 2014 – pay disparities existed for 106 female employees in the full professor position at Princeton University. OFCCP found that Princeton’s actions did not comply with Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color, religion, sex, sexual orientation, gender identity, or national origin.

Princeton University will also take steps to ensure its compensation practices meet legal requirements and conduct statistical analyses to determine if any significant disparities exist against female full professors. Princeton also agreed to conduct pay equity training for all individuals involved in compensation decisions for full professors, including the consideration of factors that may result in pay disparities.

“The Office of Federal Contract Compliance Programs is satisfied that Princeton University has pursued an early resolution conciliation agreement, and addressed the issues found in our review,” said Office of Federal Contract Compliance Programs Director Craig E. Leen. “Early resolution conciliation agreements are an effective tool for contractors to ensure equitable pay to employees, enhance internal salary equity reviews, and proactively correct any disparities uncovered.”

“Princeton University is taking multiple proactive steps to promote pay equity and enhance its diversity initiatives that will help it comply with current federal laws,” said Office of Federal Contract Compliance Programs Northeast Regional Director Diana Sen, in New York. “We look forward to continuing to work cooperatively with Princeton to implement the agreement.”

In November 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 (ERP). These procedures allow OFCCP and contractors with multiple establishments to cooperatively implement corporate-wide compliance with OFCCP’s regulatory requirements and efficiently resolve 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.

 

Agency
Office of Federal Contract Compliance Programs
Date
October 5, 2020
Release Number
20-1849-NEW
Media Contact: Leni Fortson
Media Contact: Joanna Hawkins
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Yale University Agrees to Pay $87,500 to Settle Pay Discrimination Allegations with U.S. Department of Labor

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Yale University Agrees to Pay $87,500 to Settle Pay Discrimination Allegations with U.S. Department of Labor

HARTFORD, CT – Yale University, a private university, will pay $87,500 to resolve alleged pay discrimination at the university’s New Haven, Connecticut, campus.

During a routine compliance review, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) found that in 2016 Yale University paid four female cardiologists less than similarly situated male employees at Yale’s School of Medicine’s Cardiovascular Medicine Section. While not admitting to OFCCP’s allegations, Yale University agrees to pay $87,500 to the affected female employees.

“We acknowledge Yale University for its proactive efforts to conciliate, for improving its pay practices for female cardiologists and for ensuring equal employment opportunity,” said Office of Federal Contract Compliance Programs Northeast Regional Director Diana Sen in New York.

“Yale University’s quick response will provide relief at the earliest opportunity, before a Pre-Determination Notice,” said Office of Federal Contract Compliance Programs Director Craig Leen. “Its agreement to monitoring compensation practices will help ensure that pay disparities do not occur at this university.”

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.

Office of Federal Contract Compliance Programs v. Yale University

Case Number: R00203462

Agency
Office of Federal Contract Compliance Programs
Date
October 2, 2020
Release Number
20-1848-BOS
Media Contact: Ted Fitzgerald
Media Contact: James C. Lally
Phone Number
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U.S. Department of Labor Reaches Conciliation Agreement With Law Firm to Resolve Alleged Pay Discrimination

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U.S. Department of Labor Reaches Conciliation Agreement With Law Firm to Resolve Alleged Pay Discrimination

PROVIDENCE, RI – After a routine compliance review by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), Locke Lord LLP – a federal contractor formerly known as Edwards Wildman – voluntarily entered into a conciliation agreement to resolve allegations of pay discrimination at its Providence, Rhode Island, office.  

In January 2015, Locke Lord LLP acquired Edwards Wildman. In fiscal years 2016 through 2020, Locke Lord LLP received payments totaling $4,915,638 due to federal contracts.

After a routine compliance evaluation, OFCCP alleged that Locke Lord LLP discriminated in its practice of issuing bonuses to 22 female associates. While not admitting the allegations, Locke Lord LLP agreed to provide relief for the affected associates totaling $150,000 in lost bonuses and interest, as well as assuring that all employees are afforded equal employment opportunities.

“This agreement is an outstanding example for the legal industry to follow,” said the Office of Federal Contract Compliance Northeast Regional Director Diana Sen in New York.

“Locke Lord is working with us to ensure pay equity for its female associates,” said Office of Federal Contract Compliance Programs Director Craig Leen. “Together, we will ensure that the company’s employment practices comply with equal employment opportunity requirements.”

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. 

Agency
Office of Federal Contract Compliance Programs
Date
October 1, 2020
Release Number
20-1846-BOS
Media Contact: Ted Fitzgerald
Media Contact: James C. Lally
Phone Number
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U.S. Department of Labor Launches Hotline to Combat Race and Sex Stereotyping by Federal Contractors

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U.S. Department of Labor Launches Hotline to Combat Race and Sex Stereotyping by Federal Contractors

WASHINGTON, DC The U.S. Department of Labor has announced that its Office of Federal Contract Compliance Programs (OFCCP) has established a hotline and email address to receive and investigate complaints under existing Executive Order 11246 as well as Executive Order 13950, “Executive Order Combating Race and Sex Stereotyping,” issued on Sept. 22, 2020 by the President of the United States. The new OFCCP Complaint Hotline to Combat Race and Sex Stereotyping can be reached at 202-343-2008 or via email at OFCCPComplaintHotline@dol.gov.

Executive Order 13950 was issued “to promote economy and efficiency in Federal contracting to promote unity in the Federal workforce, and to combat offensive and anti-American race and sex stereotyping and scapegoating.” The order enables employees to file complaints alleging that a Federal contractor “is utilizing training programs in violation of the contractor’s obligations under those orders.”

“Federal contractors must not engage in unlawful race or sex stereotyping or scapegoating in employment training programs or in employment generally,” said Office of Federal Contract Compliance Programs Director Craig Leen. 

While the order is effective immediately, its specific requirements for Federal contractors apply only to those with Federal contracts entered into 60 days after the date of the order, or Nov. 21, 2020. However, training programs prohibited by the new Executive Order may also violate a contractor’s obligations under the existing Executive Order 11246, which prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, and for inquiring about, discussing, or disclosing your compensation or the compensation of others.  An employee may file a complaint regarding training programs that they believe to be in violation via OFCCP’s website at https://www.dol.gov/agencies/ofccp/contact/file-complaint or OFCCP can send them a copy of the complaint form by email or regular mail.

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.

Agency
Office of Federal Contract Compliance Programs
Date
September 28, 2020
Release Number
20-1859-NAT
Media Contact: Edwin Nieves
Phone Number
Media Contact: Bennett Gamble
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U.S. Department of Labor, Advocates for Individuals with Disabilities to Join Online to Encourage Employers to Build Disability Inclusive Workforces

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U.S. Department of Labor, Advocates for Individuals with Disabilities to Join Online to Encourage Employers to Build Disability Inclusive Workforces

ATLANTA, GA – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) in Atlanta, Georgia, announced it will hold a virtual symposium on Oct. 6, 2020, to promote inclusive workplaces for individuals with disabilities. The event coincides with October’s 75th annual celebration of National Disability Employment Awareness Month.

OFCCP Southeast Region’s I Am Able-Access Ability committee will host the symposium in collaboration with the Office of Disability Employment Policy (ODEP), the Excellence in Disability in Inclusion (EDI) Award winners PepsiCo and CVS Health, and the Florida-based nonprofit organization “Who Got Game.”

Attendees will have the opportunity to learn about the importance of disability inclusion, ODEP’s programs and assistance to companies to help build inclusive workforces, PepsiCo and CVS Health’s award-winning disability inclusion programs, how to create an effective disability inclusion program, and how a small Florida non-profit organization successfully includes individuals with disabilities in its workforce.

WHO:            Office of Federal Contract Compliance Programs’ Southeast Region

WHAT:          Individuals with Disabilities Virtual Symposium 

WHEN:          Tuesday, Oct. 6, 2020

11 a.m. to 1 p.m. EDT

WHERE:       Register for the online symposium

                        Attendance is free, but space is limited.

“National Disability Employment Awareness Month allows us to focus on assisting individuals with disabilities and how creating opportunities and avenues to increase their workforce participation benefits all of us,” said Office of Federal Contract Compliance Programs Southeast Regional Director Samuel Maiden, in Atlanta, Georgia. “This event is an excellent way for attendees to join with our I Am Able-Access Ability disability committee to brainstorm best practices and how we can empower individuals with disabilities and realize all they have to offer.”

OFCCP also provides compliance assistance to discuss best practices for effective outreach, in preparation for the 503-focused reviews designed to ensure contractor compliance with Section 503 of the Rehabilitation Act of 1973.

For more information, contact Director of Regional Compliance Regina Jones at Jones.regina@dol.gov, Senior Compliance Officer and Lead John Palmer at Palmer.john@do.gov, or Regional Liaison Karmen Johnson at Johnson.karmen@dol.gov.

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.

Agency
Office of Federal Contract Compliance Programs
Date
September 28, 2020
Release Number
20-1769-ATL
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor Reaches Agreement with Salt Lake City Diagnostics Company to Resolve Alleged Hiring Discrimination

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U.S. Department of Labor Reaches Agreement with Salt Lake City Diagnostics Company to Resolve Alleged Hiring Discrimination

SALT LAKE CITY, UTThe U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has entered into a conciliation agreement with BioFire LLC – doing business as BioFire Diagnostics in Salt Lake City, Utah – to resolve allegations that the federal contractor discriminated against applicants for positions at its Salt Lake City facility. 

An OFCCP investigation covering the period from Nov. 19, 2016 to Nov. 19, 2018, found hiring disparities for 133 white, 40 Asian American, and 20 African American applicants for Manufacturing Technician I and Manufacturing Trainee positions. The agency determined that BioFire’s actions violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color, religion, sex, national origin, sexual orientation, gender identity, disability or an individual’s status as a protected veteran.

To resolve the allegations of hiring discrimination found by OFCCP, BioFire LLC has agreed to pay $300,000 in back pay and interest to 193 affected applicants, and provide manufacturing technician job opportunities to 35 of those affected applicants as positions become available in Salt Lake City. BioFire LLC will also take steps to ensure its personnel practices, including recordkeeping and internal auditing procedures, meet legal requirements. While not admitting liability in the investigation, BioFire LLC volunteered to enter into the conciliation agreement and to enhance future compliance proactively.

“The U.S. Department of Labor appreciates BioFire LLC’s cooperation to resolve these issues,” said, Office of Federal Contract Compliance Programs Regional Director Melissa Speer, in Dallas, Texas. “BioFire agreed to our Early Resolution Procedures to remedy the issues quickly, and will proactively take steps to comply with federal hiring and equal employment opportunity laws.”

BioFire LLC received more than $500,000 in federal contracts – during the course of the investigation – to provide services and products to federal agencies.

In November 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 agreement with BioFire resulted from the early resolution procedures.

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, national origin, sexual orientation, gender identity, disability or an individual’s 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/.

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.

Agency
Office of Federal Contract Compliance Programs
Date
September 24, 2020
Release Number
20-1472-DAL
Media Contact: Chauntra Rideaux
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U.S. Department of Labor Reaches Agreement with Texas Electronics Company to Resolve Alleged Hiring Discrimination

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U.S. Department of Labor Reaches Agreement with Texas Electronics Company to Resolve Alleged Hiring Discrimination

MANSFIELD, TXThe U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has entered into a conciliation agreement with Mouser Electronics Inc. – an international distributor of semiconductors and electronic components – to resolve allegations of hiring discrimination.

A routine OFCCP compliance evaluation at Mouser Electronics Inc.’s Mansfield, Texas, facility found hiring disparities that disadvantaged 5,372 African American, Hispanic, white, and male applicants from Sept. 1, 2012, through Aug. 31, 2014. OFCCP determined that Mouser Electronics Inc.’s actions violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color or national origin.

While not admitting liability, Mouser Electronics Inc. will pay $600,000 in back wages and interest. The employer will also offer stock control associate positions to 66 affected applicants as positions become available. The employer will also take steps to ensure its personnel practices, including recordkeeping, meet legal requirements.

“The U.S. Department of Labor is committed to resolving discrimination issues by working with employers and employees,” said Office of Federal Contract Compliance Programs Southwest and Rocky Mountain Regional Director Melissa Speer, in Dallas, Texas. “Mouser will also review and revise, as necessary, its hiring process, and train employees to ensure it is in compliance with federal hiring and equal employment opportunity laws.”

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.

Agency
Office of Federal Contract Compliance Programs
Date
September 24, 2020
Release Number
20-1526-DAL
Media Contact: Chauntra Rideaux
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U.S. Department of Labor and Microsoft Corp. Enter Agreement to Resolve Alleged Hiring Discrimination Affecting 1,229 Applicants in Four States

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U.S. Department of Labor and Microsoft Corp. Enter Agreement to Resolve Alleged Hiring Discrimination Affecting 1,229 Applicants in Four States

DALLAS, TXThe U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) and Microsoft Corp. U.S. have entered into an early resolution conciliation agreement (ERCA) to resolve alleged hiring discrimination practices at its facilities in Irving, Texas; Redmond, Washington; New York, New York; and Cambridge, Massachusetts.

During routine compliance evaluations, OFCCP found hiring disparities against Asian applicants from Dec. 5, 2015, through May 31, 2017, for Premier Field Engineer positions; from Dec. 1, 2014, through May 31, 2016, for the Solution Specialists positions; and from Dec. 1, 2017, through Nov. 30, 2018, for Developer II positions. OFCCP also found hiring disparities against African American and Hispanic applicants for Software Engineering positions from Dec. 1, 2012, through May 14, 2014. The agency alleged that the federal contractor’s actions at those locations 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.

Under the agreement, Microsoft will pay $3 million in back pay and interest to 1,229 affected applicants. While not admitting liability in the investigation, Microsoft agreed to an ERCA and to enhance future compliance proactively.

“This resolution will further the goal of equal employment opportunity by Microsoft partnering with the U.S. Department of Labor,” said Office of Federal Contract Compliance Programs Regional Director Melissa Speer, in Dallas, Texas. “The Department is committed to resolving issues by working with proactive employers.”

“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 November 2018, OFCCP issued a directive establishing Early Resolution Procedures (ERP), 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 cooperatively implement corporate-wide compliance with OFCCP’s regulatory requirements and efficiently resolve identified issues. In turn, contractors are exempt from future OFCCP evaluations for five years. This conciliation agreement with Microsoft resulted from the ERP 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/.

OFCCP launched the Class Member Locator (CML) to identify applicants and/or workers 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 who applied between 2012 and 2014, the period of the investigation, please visit our website at https://www.dol.gov/agencies/ofccp/classmembers, where you can also find information about other recent OFCCP settlements.

 

Agency
Office of Federal Contract Compliance Programs
Date
September 18, 2020
Release Number
20-1530-DAL
Media Contact: Chauntra Rideaux
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Wells Fargo Agrees to Pay $7.8 Million in Back Wages After U.S. Department of Labor Alleges Hiring Discrimination

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Wells Fargo Agrees to Pay $7.8 Million in Back Wages After U.S. Department of Labor Alleges Hiring Discrimination

Global Financial Services Company to Offer Career Opportunities to 580 Affected Applicants

DALLAS, TX – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has entered into a conciliation agreement with Wells Fargo Bank N.A. in which the bank has agreed to pay $7,800,000 in back wages and interest to resolve allegations of hiring discrimination.

OFCCP alleged that Wells Fargo discriminated against 34,193 African American applicants for banking, customer sales and service, and administrative support positions at U.S. locations nationwide and 308 female applicants for administrative support positions, in violation of Executive Order 11246. The Executive Order prohibits federal contractors from discriminating in employment based on race, color, religion, sex, national origin, sexual orientation or gender identity.

In addition to paying the back wages and interest, the employer agreed to provide 580 affected applicants with job opportunities as tellers, personal bankers, customer sales and service representatives, and administrative support positions. Wells Fargo will also take steps to ensure its personnel practices comply with federal requirements. While not admitting liability in the investigation, Wells Fargo volunteered to enter into the conciliation agreement and to enhance future compliance proactively. The enhanced compliance section in the agreement covers employees in retail bank branch Affirmative Action Programs (AAPs) and 42 Functional Affirmative Action Programs (FAAPs) for 2020. FAAPs enable federal supply and service contractors to develop AAPs based on business or functional units, thereby making it easier for contractors to organize and analyze data, identify issues, establish clear lines of responsibility for implementing their AAPs, and monitor progress.

In November 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 agreement with Wells Fargo resulted from the Early Resolution Procedures.

“The Office of Federal Contract Compliance Programs is satisfied that Wells Fargo has pursued an early resolution conciliation agreement, and addressed the issues found in our review,” said Office of Federal Contract Compliance Programs Director Craig E. Leen. “OFCCP’s Early Resolution Procedures program helps ensure prompter and broader relief for America’s workforce by allowing contractors facing a potential violation to proactively correct such violations and ensure future companywide compliance.”

“We appreciate Wells Fargo’s cooperation to resolve these issues,” said Office of Federal Contract Compliance Programs Regional Director Melissa Speer, in Dallas, Texas. “Together, the Department and Wells Fargo will ensure the bank will proactively take steps to comply with federal hiring and equal employment opportunity laws.”

Headquartered in San Francisco, California, Wells Fargo provides products and services under contract with many federal departments and agencies, including the Securities and Exchange Commission and U.S. Department of Veterans Affairs. Wells Fargo operates 7,400 locations, more than 13,000 ATMs and offices in 31 countries and territories, and employs approximately 263,000 people worldwide. 

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.

Agency
Office of Federal Contract Compliance Programs
Date
August 24, 2020
Release Number
20-1306-DAL
Media Contact: Chauntra Rideaux
Media Contact: Eric Holland
Phone Number
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