Agency Acronym
OFCCP
DOL Search Collections ID
4948

U.S. Department of Labor Announces Record Year for Monetary Settlements and Compliance Assistance by the Office of Federal Contract Compliance Programs

News Release

U.S. Department of Labor Announces Record Year for Monetary Settlements and Compliance Assistance by the Office of Federal Contract Compliance Programs

WASHINGTON, DC The U.S. Department of Labor announced that the Office of Federal Contract Compliance Programs (OFCCP) had a record-setting Fiscal Year (FY) 2019. OFCCP is dedicated to its important mission of ensuring equal employment opportunity (EEO) and non-discrimination in employment for the approximately 25% of America's workforce employed by federal contractors.

OFCCP had by far its most successful year in both enforcement and compliance assistance. OFCCP obtained a record $40,569,816 in monetary settlements for affected class members during FY 2019, more than $16 million more than the next highest year in FY 2017. As a comparison, the three-year total of monetary settlements for FY 2017-2019 is the highest three-year period on record and exceeded the prior seven years (FY 2010-2016) combined.

OFCCP also implemented the Early Resolution Procedures program in FY 2019, which led to a number of corporate-wide settlements early in the review process. The Early Resolution Procedures program also ensures that participating contractors will provide corporate-wide reports to OFCCP for five years following the settlement to ensure full compliance with equal employment opportunity and non-discrimination obligations.

In the same manner as enforcement, OFCCP had its best compliance assistance year by far. In FY 2019, OFCCP answered over 4,500 Help Desk inquiries, the highest ever in a single year, and provided helpful guidance through compliance assistance guides, FAQs, and stakeholder events.  

"These results illustrate the effectiveness of jointly using compliance assistance and enforcement to support American workers," said U.S. Secretary of Labor Eugene Scalia.

OFCCP Director Craig Leen said, "Through a combination of effective enforcement and proactive compliance assistance, OFCCP has made a major impact on ensuring equal employment opportunity for America's workforce, and will continue to do so in the upcoming year. I am very proud of the OFCCP team because they are making a difference for the American workforce."

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. 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 25, 2019
Release Number
19-1884-NAT
Media Contact: Emily Weeks
Phone Number
Share This

U.S. Department of Labor Reaches Conciliation Agreement With Wells Fargo & Co. to Resolve Discrimination Allegations

News Release

U.S. Department of Labor Reaches Conciliation Agreement With Wells Fargo & Co. to Resolve Discrimination Allegations

PHILADELPHIA, PA –The U.S. Department of Labor’s Office of Contract Compliance Programs (OFCCP) has entered into a conciliation agreement with Wells Fargo & Co. to resolve allegations of race discrimination in Arizona and gender-based discrimination in Virginia and Utah.

An OFCCP investigation found that – from January 1, 2014, through December 31, 2014 – Wells Fargo & Co.’s Phone Bank Premier, Home Equity & Online Customer Service (OCS) unit discriminated against 2,066 female applicants for positions as online customer service representatives in Glen Allen, Virginia, and Salt Lake City, Utah, and 282 African American applicants for phone banker positions in Phoenix, Arizona. By doing so, the employer failed to comply with Executive Order 11246, which prohibits race and sex discrimination by federal contractors.

As part of its conciliation agreement, Wells Fargo & Co. will pay $603,612 in back wages, interest and benefits to the affected applicants. While not admitting liability, Wells Fargo & Co. will also make 17 job offers in Glen Allen, Virginia, 20 job offers in Salt Lake City, Utah, and 29 job offers in Phoenix, Arizona, to original applicants as positions become available. Wells Fargo & Co. will also review and revise its selection process and provide better training to its hiring managers to eliminate practices that resulted in the violations.

“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 San Francisco, California, Wells Fargo & Co. provides its services and products to multiple federal departments and agencies, including the Securities and Exchange Commission and U.S. Department of Veterans Affairs.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment on the basis 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. 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 17, 2019
Release Number
19-1784-PHI
Media Contact: Leni Fortson
Media Contact: Joanna Hawkins
Share This

U.S. Department of Labor Reaches $5 Million Settlement With Intel Corp. To Resolve Pay Discrimination Allegations

News Release

U.S. Department of Labor Reaches $5 Million Settlement With Intel Corp. To Resolve Pay Discrimination Allegations

SAN FRANCISCO, CA The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has reached a settlement with Intel Corp. to resolve allegations of systemic pay discrimination against female, African American and Hispanic American employees at its facilities in Arizona, California and Oregon. Under the terms of the agreement, Intel Corp. agreed to pay $3,500,000 in back pay and interest. Intel Corp. also agreed to allocate at least $1,500,000 in pay-equity adjustments for the next five years for U.S. employees in engineering positions as part of its annual pay equity analysis.

“Women, African Americans, and Hispanic Americans earned back pay and interest in this case,” said Office of Federal Contract Compliance Programs Director Craig Leen.

“Intel Corp. is one of the first technology companies to take multiple proactive steps to ensure pay equity,” said Office of Federal Contract Compliance Programs Regional Director Jane Suhr, in San Francisco, California.  

Intel Corp. volunteered to enter into an Early Resolution Agreement and agreed to take proactive steps to enhance its compliance with Executive Order 11246 in the compensation of all of its establishments to ensure non-discriminatory pay practices.

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 turn, contractors are exempt from future evaluations for five years.

Intel Corp. is an American multinational corporation and technology company headquartered in Santa Clara, California. Intel Corp. provides services and products to federal agencies, including NASA.  

If you think you may be someone eligible for back pay from this settlement, or may know someone who is, please visit the OFCCP Class Member Locator at: https://www.dol.gov/ofccp/CML. There you will find information about this and other OFCCP 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.  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.  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 15, 2019
Release Number
19-1779-SAN
Media Contact: Leo Kay
Phone Number
Media Contact: Jose Carnevali
Share This

U.S. Department of Labor Provides Compliance Assistance Guide For Educational Institutions with Federal Contracts

News Release

U.S. Department of Labor Provides Compliance Assistance Guide For Educational Institutions with Federal Contracts

WASHINGTON, DC The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has released a new Technical Assistance Guide (TAG) for Educational Institutions to assist them in meeting their legal requirements and responsibilities as federal contractors.

OFCCP published the new TAG to reflect current regulations and provide practical, useful compliance assistance resources for educational institutions – universities, senior colleges and junior/community colleges – with federal contracts. OFCCP recognizes that compliance evaluations of educational institutions may present unique challenges related to institutions' methods of governance, various organizational structures and multiple workforces. This guide helps contractors understand their legal and regulatory obligations, and prepare for compliance evaluations by highlighting best practices and providing useful references.

"Our new Technical Assistance Guide is designed to help educational institutions with federal contracts fulfill their obligations under the law as federal contractors," said Office of Federal Contract Compliance Programs Director Craig E. Leen. "By providing assistance to those subject to federal compliance evaluations, we hope to enable these organizations to recognize and address issues that could result in violations."  

OFCCP is a civil rights agency in the U.S. Department of Labor. It enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Collectively, these laws prohibit federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. Additionally, contractors must act affirmatively to ensure equal employment opportunity in their employment processes, and they must not discriminate against applicants or employees because they inquire about, discuss, or disclose their compensation or that of others, subject to certain limitations. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit http://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 11, 2019
Release Number
19-1413-NAT
Media Contact: Edwin Nieves
Phone Number
Media Contact: Simone Walter
Phone Number
Share This

U.S. Department of Labor Reaches Conciliation Agreement For $7,000,000 To Resolve Discrimination Allegations

News Release

U.S. Department of Labor Reaches Conciliation Agreement For $7,000,000 To Resolve Discrimination Allegations

BOSTON, MA – Dell Technologies (Dell) has voluntarily entered into an early resolution conciliation agreement with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) to resolve indicators of race and gender-based wage discrimination.

Under the terms of the agreement, Dell Technologies will provide make-whole relief for the affected workers, totaling $7 million in lost wages, interest, and benefits, as well as assuring that all employees are afforded equal employment opportunities.

Dell Technologies merged with EMC Corp. in 2016 to form one of the world’s largest privately controlled technology companies. This settlement amount includes $1,504,192 in back pay and salary adjustments that EMC Corp. voluntarily paid in April 2012. This conciliation agreement resolves 20 of OFCCP’s pending compliance evaluations of Dell. Dell denies any liability.

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 Dell Technologies resulted from the ERP directive.

The company has contracts valued at more than $14 million with federal agencies, including the U.S. Departments of Energy and Housing and Urban Development, NASA and the IRS.

“Dell Technologies is working with us to ensure pay equity corporate-wide,” said Office of Federal Contract Compliance Programs Director Craig E. Leen. “Together, we will ensure that the company complies with equal employment opportunity laws in its employment practices, in addition to remedying findings that OFCCP made.”

“This agreement is an outstanding example for the technology industry,” said Office of Federal Contract Compliance Programs Northeast Regional Director Diana Sen.

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 on the basis 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. 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 30, 2019
Release Number
19-1699-BOS
Media Contact: Ted Fitzgerald
Media Contact: James C. Lally
Phone Number
Share This

U.S. Department of Labor Reaches Conciliation Agreement For $9,995,000 in Back Pay and Interest

News Release

U.S. Department of Labor Reaches Conciliation Agreement For $9,995,000 in Back Pay and Interest

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 Goldman Sachs & Co. LLC to resolve findings of race and gender-based compensation discrimination.

Under the terms of the agreement, Goldman Sachs & Co. LLC will voluntarily provide make-whole relief for approximately 600 affected workers at its corporate headquarters in New York City, totaling $9,995,000 in back pay and interest, as well as assuring that all employees corporate-wide are afforded equal employment opportunities. In addition, as part of the agreement, Goldman Sachs & Co. LLC has committed to develop Functional Affirmative Action Programs (FAAPs), revising its current affirmative action programs to be based on business function rather than establishment.

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 implement corporate-wide compliance with OFCCP’s regulatory requirements cooperatively, and efficiently resolve identified issues. In turn, contractors are exempt from future OFCCP evaluations for five years. This conciliation agreement with Goldman Sachs & Co. LLC resulted from the ERP directive and benefits from OFCCP’s revised FAAPs directive, which encourages the use of functional or business unit-based affirmative action programs and establishes a simpler FAAP request process.

Goldman Sachs & Co. LLC is a global financial firm with the Pension Benefit Guaranty Corporation.

“Early resolution conciliation agreements are an effective tool for contractors to ensure equitable pay to employees in a manner that is efficient for an enforcement agency,” said Federal Contract Compliance Programs Director Craig E. Leen. “This agreement to provide programmatic relief reaffirms Goldman Sachs’ responsibility to provide its employees equal employment opportunities and will serve as an example for the financial services industry.”

“This agreement shows that OFCCP is working so that employees of the financial industry have pay equity,” said Federal Contract Compliance Programs Northeast Regional Director Diana Sen.

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 on the basis 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. For more information, please call OFCCP’s toll-free helpline at 800-397-6251or 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 30, 2019
Release Number
19-1713-BOS
Media Contact: Ted Fitzgerald
Media Contact: James C. Lally
Phone Number
Share This

Bank of America Enters Into Early Resolution Conciliation Agreement With U.S. Department of Labor to Resolve Discrimination Violations

News Release

Bank of America Enters Into Early Resolution Conciliation Agreement With U.S. Department of Labor to Resolve Discrimination Violations

CHARLOTTE, NC – Bank of America has agreed to pay $4.2 million in back wages and interest to resolve alleged hiring discrimination violations found at several of the bank’s facilities during routine compliance evaluations by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).

OFCCP alleged that the Charlotte, North Carolina-based bank discriminated against African Americans, Hispanics and women applying for registered phone representative, client service, mortgage underwriter, telephone sales associate and sales specialist positions. These alleged discriminatory practices occurred at Bank of America locations in Pennington, New Jersey; Jacksonville, Florida; Kennesaw, Georgia; and Texas branches in Addison, Fort Worth and Plano.

“This is one of the largest settlements in OFCCP history, and this result will further the goal of equal employment opportunity,” said Office of Federal Contract Compliance Programs Director Craig E. Leen in Washington, DC.

“Federal contractors must comply with equal employment opportunity laws in their hiring and compensation practices,” said Office of Federal Contract Compliance Programs Southeast Regional Director Samuel B. Maiden, in Atlanta, Georgia. 

Under the early resolution conciliation agreement, Bank of America will monitor its hiring practices nation-wide. In addition, the bank will take steps to enhance its compliance with Executive Order 11246 and retain a consultant to evaluate policies and procedures related to its hiring processes for a five-year period.

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 develop corporate-wide compliance with OFCCP’s regulatory requirements and efficiently resolve issues. In turn, contractors are exempt from future evaluations for five years. This conciliation agreement with Bank of America resulted from that 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. 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 applicants eligible for back pay or job opportunities from this settlement, or may know someone who is, please visit the OFCCP Class Member Locator at: https://www.dol.gov/ofccp/CML. There you will find information about this and 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 27, 2019
Release Number
19-1566-ATL
Media Contact: Eric R. Lucero
Phone Number
Media Contact: Michael D'Aquino
Share This

U.S. Department of Labor Results in Federal Contractor Paying $350,000 In Back Wages to Settle Hiring Discrimination

News Release

U.S. Department of Labor Results in Federal Contractor Paying $350,000 In Back Wages to Settle Hiring Discrimination

SHELBYVILLE, IN – Penske Logistics LLC, a federal contractor, has agreed to pay $350,000 in back wages to 185 female applicants to settle allegations of hiring discrimination found in a U.S. Department of Labor investigation at the employer's Shelbyville, Indiana, logistics facility.

In a routine compliance evaluation, the Department's Office of Federal Contract Compliance Programs (OFCCP) found that from January 1, 2016, through October 11, 2016, Penske Logistics LLC discriminated against female applicants in the hiring process for warehouse worker positions. Penske Logistics has also agreed to extend job offers in the warehouse worker position to 99 female class members at the Shelbyville facility.

"The U.S. Department of Labor and Penkse Logistics have reached a fair settlement that provides remedies to the affected class and guarantees that, going forward, qualified applicants of both genders will have the opportunity to compete on a level field for good jobs," said Office of Federal Contract Compliance Programs Acting Midwest Regional Director Carmen Navarro in Chicago, Illinois.

Penske Logistics LLC cooperated with OFCCP's investigation and denied that the employer failed to comply with the Executive Order and its implementing regulations.

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 legal authorities, 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. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

Agency
Office of Federal Contract Compliance Programs
Date
September 20, 2019
Release Number
19-1279-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
Share This

U.S. Department of Labor Announces Actions to Assist Americans Impacted By Hurricane Dorian

News Release

U.S. Department of Labor Announces Actions to Assist Americans Impacted By Hurricane Dorian

WASHINGTON, DC – The U.S. Department of Labor today announced actions it is taking to assist Americans in states affected by Hurricane Dorian.

"The U.S. Department of Labor is actively engaged in Administration-wide efforts to help those impacted by Hurricane Dorian," said Acting U.S. Secretary of Labor Patrick Pizzella. "As Americans from across the country rally to help each other, the Department of Labor is committed to supporting recovery efforts."

U.S. Department of Labor actions taken regarding Hurricane Dorian include the following:

  • The Employment and Training Administration (ETA) is prepared to provide Disaster Dislocated Worker Grants to help affected states address workforce needs. The disbursement of funds will be determined as needs are assessed by state and local partners. ETA is prepared to assist in administering Disaster Unemployment Assistance.
  • The Employee Benefits Security Administration (EBSA) is coordinating with other federal agencies, including the U.S. Department of Treasury, the IRS, and the Pension Benefit Guaranty Corporation, on the release of compliance guidance for employee benefit plans, and plan participants and beneficiaries in the wake of Hurricane Dorian. General information on disaster relief under the Employee Retirement Income Security Act (ERISA) is available on EBSA's website at Disaster Relief Information for Employers and Advisers and Disaster Relief Information for Workers and Families, or by contacting the Department's Employee Benefits Security Administration online at www.askebsa.dol.gov or by calling 1-866-444-3272.
  • The Office of Federal Contract Compliance Programs (OFCCP) issued a Temporary Exemption from certain federal contracting requirements. For a period of three months, from September 3, 2019, to December 3, 2019, subject to possible extension, new federal contracts to provide flooding relief efforts will be exempt from having to develop written affirmative action programs as required by Executive Order 11246.
  • The Mine Safety and Health Administration (MSHA) is responding to Hurricane Dorian's impact on mines, and stands ready to respond more generally with specialized equipment and personnel.
  • The Veterans' Employment and Training Service (VETS) is working with its grantees to identify flexibility and additional funding needs for its programs. VETS staff is prepared to offer assistance to employers, members of the National Guard and Reserves, and members of the National Disaster Medical System and Urban Search and Rescue service who may be deployed in support of rescue and recovery operations.
  • The Wage and Hour Division (WHD) will be prioritizing all calls in the affected areas to continue to provide uninterrupted service to workers and employers.
  • The Office of Labor-Management Standards (OLMS) issued a special enforcement advisory that would temporarily ease reporting and other regulatory burdens on labor organizations, labor relations consultants, and employers affected by Hurricane Dorian.
  • The Occupational Safety and Health Administration (OSHA) is actively engaged with the U.S. Department of Homeland Security, the Federal Emergency Management Administration, the Environmental Protection Agency, and other federal agencies and is prepared to provide assistance. North Carolina and South Carolina have OSHA-approved State Plans that cover worker safety and health in private and state and local government workplaces; OSHA stands ready to assist affected states upon request.

The Department will continue to monitor developments regarding Hurricane Dorian and take additional actions as necessary. For additional information, please visit the Department's Severe Storm and Flood Recovery Assistance webpage.

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 the Secretary
Date
September 6, 2019
Release Number
19-1612-NAT
Media Contact: Megan Sweeney
Phone Number
Share This

Back to School: U.S. Department of Labor Offers New Guidance and Assistance for Educational Institutions and Federal Contractors

News Release

Back to School: U.S. Department of Labor Offers New Guidance and Assistance for Educational Institutions and Federal Contractors

WASHINGTON, DC Today, the Office of Federal Contract Compliance Programs (OFCCP) announced guidance clarifying affirmative action program (AAP) development for academic institutions and other contractors with campus-like settings, and advancing the White House Initiative on Historically Black Colleges and Universities (HBCUs). OFCCP also issued a complementary policy directive limiting compliance reviews of academic institutions to non-student employees.

"The Department of Labor is committed to fulfilling the White House's promise to HBCUs, and providing quality guidance and assistance that aids contractors in meeting their legal requirements," said Acting Secretary of Labor Patrick Pizzella. "At the same time, the new compliance review directive recognizes that student workers have a unique relationship with academic institutions.

The new OFCCP HBCU webpage will serve as a one-stop shop to provide contractors with resources that will help them increase the representation of minorities and females in career-level jobs. It includes answers to frequently asked questions (FAQs) on AAPs for campus-like settings. This includes guidance on whether one or multiple AAPs should be maintained for a multi-building establishment. OFCCP considers an establishment to be a physical location, such as a factory or office. However, some contractors with campus-like settings may have multiple buildings that constitute an establishment.

Under the new student employee policy directive, OFCCP will not cite violations for excluding student workers from the AAPs or employment activity data submissions during compliance evaluations. OFCCP will continue to accept complaints alleging employment discrimination filed by and on behalf of student workers, while remaining focused on examining the personnel practices and outcomes of non-student employees whose primary relationship with the educational institution is work-related.

When OFCCP receives complaints filed by or on behalf of student workers, it will determine the employee status of a student worker by applying the legal test established in Nationwide Mutual Insurance Co. v. Darden, 503 U.S. 318 (1992). Application of the Darden multi-factor test requires an understanding of the unique relationship the student worker has with the educational institution. These relationships are varied and courts have reached different conclusions regarding students' employee status based on the particular facts of each case. 

"Streamlining how contractors determine whether to maintain one or multiple AAPs for multi-building sites just makes sense," said Office of Federal Contract Compliance Programs Director Craig Leen. "And recognizing that student workers of educational institutions have a unique relationship with their employer compared to non-students provides needed focus to OFCCP compliance evaluations."

Additionally, a directive on student workers formalizes a different set of FAQs that were released earlier this summer. The directive gives guidance to educational institutions on whether they need to include student workers in their AAPs and the support data submitted to OFCCP during a compliance evaluation. OFCCP also plans to release a technical assistance guide for educational institutions this year.

The new guidance and webpage are consistent with the goals of the White House initiative, which works with federal agencies, private sector employers, educational associations, philanthropic organizations, and other partners to increase the capacity and competitiveness of HBCUs to provide the highest-quality education to an increasing number of students.

OFCCP is a civil rights agency in the U.S. Department of Labor. It enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Collectively, these laws prohibit federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. Additionally, contractors must act affirmatively to ensure equal employment opportunity in their employment processes, and they must not discriminate against applicants or employees because they inquire about, discuss, or disclose their compensation or that of others, subject to certain limitations. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit http://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 5, 2019
Release Number
19-1605-NAT
Media Contact: Edwin Nieves
Phone Number
Media Contact: Simone Walter
Phone Number
Share This
Subscribe to Office of Federal Contract Compliance Programs