CONROE, TX – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) and the GEO Group Inc. – a company specializing in privatized corrections, detention, and mental health treatment – have entered into a conciliation agreement to resolve allegations of hiring discrimination at the company’s Joe Corley Detention Center in Conroe, Texas. The GEO Group Inc. has agreed to pay $250,000 in back wages and interest as part of a conciliation agreement.

A routine compliance evaluation by OFCCP found that beginning in 2011, the employer systemically discriminated against female correctional officer applicants. OFCCP determined the company’s actions violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on sex.

In addition to the $250,000, in back wages and interest, the company will provide job opportunities to 22 affected female applicants as correctional officer positions become available. The company will also take steps to ensure its personnel practices, including recordkeeping and internal auditing procedures, meet legal requirements.

“OFCCP is committed to working with federal contractors to resolve discrimination issues,” said Office of Federal Contract Compliance Programs Regional Director Melissa Speer. “Together, the Department and the GEO Group Inc. will ensure that the company has the measures in place to comply with federal hiring and employment law.”

The company has contracts valued at more than $74 million with federal agencies including the U.S. Departments of Defense, Federal Bureau of Prisons, and Immigration Customs Enforcement.

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/

WASHINGTON, DC – The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) announced today the release of a new policy directive to establish a voluntary compliance program for high-performing federal contractors. The Voluntary Enterprise-wide Review Program (VERP) provides contractors with an alternative to OFCCP's establishment-based compliance evaluations with a focus on recognizing contractors that demonstrate comprehensive corporate-wide compliance and model diversity and inclusion programs.

"The Voluntary Enterprise-wide Review Program provides meaningful incentives for federal contractor participants and recognizes those that excel in their corporate-wide compliance with OFCCP's requirements," said Office of Federal Contract Compliance Programs Director Craig Leen. "The program will also provide a path for companies who are close to excellence but want individualized compliance assistance from OFCCP to reach the top level. The program is part of a broader effort by OFCCP to find innovative ways for ensuring federal contractors comply with equal employment opportunity laws corporate-wide."

In November 2018, OFCCP issued a separate directive establishing early resolution procedures to allow OFCCP and contractors with multiple establishments to cooperatively resolve compliance reviews while achieving corporate-wide compliance with OFCCP's requirements.

OFCCP expects to begin accepting VERP applications in the fall.

OFCCP 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 Office of Compliance Initiatives (OCI) is part of the Department of Labor's Office of the Assistant Secretary for Policy, and fosters a compliance assistance culture within the Department designed to complement its ongoing enforcement efforts. This Office focuses on helping enforcement agencies more effectively use online resources to deliver information and compliance assistance to help the American people. In August 2018, OCI launched Worker.gov and Employer.gov to provide information about workers' rights and the responsibilities of job creators toward their workers.

MACON, GA – Federal contractor Asplundh Tree Expert Co. has agreed to pay $55,000 in back wages after a routine compliance evaluation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) found alleged systemic hiring discrimination violations at its Macon, Georgia, facility. Asplundh Tree Expert Co. has also agreed to make job offers for specific positions, to up to five eligible class members who express an interest in employment and meet qualifications.

OFCCP found that - beginning in 2015 - the company discriminated against 124 African American applicants in the hiring and selection process for ground person, tree trimmer, and equipment operation positions.

To ensure future compliance, the company is obligated to evaluate and revise its hiring and selection policies, as necessary. Asplundh will ensure that it applies the selection criteria uniformly and train personnel involved in hiring and selection processes to ensure non-discriminatory practices.

"Employers should monitor their hiring process to ensure applicants are not rejected based on illegal practices," said OFCCP Southeast Regional Director Samuel B. Maiden.

Asplundh Tree Expert Co. specializes in tree pruning and vegetation management for the U.S. Department of Energy.

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/.

WASHINGTON, DC– The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) today announced three directives aimed at establishing an opinion letter process and enhancing OFCCP’s Help Desk, establishing a process to resolve compliance evaluations at the earliest stage possible with corporate-wide compliance, and clarifying the Agency’s compliance review procedures.

These three directives reinforce OFCCP’s commitment to fulfilling its enforcement mission with more accountability and efficiency, as well as the Department’s efforts to maximize the effectiveness of compliance assistance outreach to assist contractors in meeting their responsibilities.

• Opinion Letters and Help Desk:This directive outlines steps OFCCP will take to enhance its existing Help Desk, which allows contractors to make inquiries by phone or email regarding a variety of topics. OFCCP plans to enhance its Help Desk by making certain Help Desk inquiries and responses dynamically available and searchable as a self-service option on OFCCP’s website. This self-service option would allow stakeholders to benefit from prior inquiries and lead to greater efficiencies in OFCCP Help Desk operations. Joining other agencies, OFCCP also plans to incorporate the use of opinion letters as part of guidance to employers, employees, and the public. Fact-specific guidance in opinion letters about OFCCP’s jurisdictional coverage or application of regulations or guidance will provide more certainty about how OFCCP exercises its authority.

• Early Resolution Procedures (ERP): In an effort to resolve supply and service compliance evaluations at the earliest stage possible with corporate-wide compliance, this directive establishes OFCCP’s new Early Resolution Procedures (ERP) and outlines general guidelines for implementation. These procedures will help contractors and OFCCP achieve their mutual goal of equal employment opportunity in federal contracting and reduce the length of compliance evaluations by resolving problems expeditiously. ERP also allows OFCCP and contractors with multiple establishments to more efficiently promote corporate-wide compliance with OFCCP’s requirements.

• Compliance Review Procedures: This directive emphasizes that compliance reviews will be governed by OFCCP’s Federal Contract Compliance Manual (FCCM) and other recent directives that shorten full desk audits and conciliate violations more efficiently. The directive rescinds Directive 2011-01, Active Case Enforcement (ACE) Procedures, which established procedures to replace abbreviated desk audits with full desk audits. The ACE procedures replaced the former Active Case Management (ACM) procedures, which focused enforcement efforts on cases with indicators of systemic discrimination under the Executive Order, through abbreviated and generally shorter desk audits. Since OFCCP issued DIR 2011-01, the Agency has embedded the most effective parts of ACE and ACM into its standard operating policies and procedures, so the ACE directive no longer needs to be a freestanding guidance document.

“When we find violations, we want to remedy matters expeditiously to benefit Americans. At OFCCP, today’s directives show our commitment to preventing violations from occurring by working with federal contractors to ensure they understand the compliance evaluation process, receive clear answers to their inquiries, and have the necessary tools and resources to comply with their obligations,” said OFCCP Acting Director Craig E. Leen.

OFCCP enforces federal laws that 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. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they inquire about, discuss, or disclose their compensation or that of others, subject to certain limitations.

DENVER, CO – The U.S. Department of Labor has entered into a conciliation agreement with Oldcastle BuildingEnvelope Inc. - a federal government contractor that supplies building materials - to resolve allegations of hiring discrimination at the company’s Denver, Colorado, facility.

A routine compliance evaluation by the Department’s Office of Federal Contract Compliance Programs (OFCCP) alleged that - from January 21, 2013, to January 20, 2015 - Oldcastle BuildingEnvelope Inc. discriminated against white, black, and female applicants who applied for 8A Loader and Unloader positions in favor of Hispanic and male applicants. OFCCP determined the company’s hiring practices violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, national origin, or gender.

In its conciliation agreement with OFCCP, Oldcastle BuildingEnvelope Inc. will pay $395,000 in back wages and interest to eligible class members. The company also agreed to provide job opportunities to 38 affected white males, black males, and all female applicants, as positions become available. In addition, the company will take steps to ensure its personnel practices, including recruitment, recordkeeping, and internal auditing procedures, comply with the law.

“Federal contractors and subcontractors must comply with all federal anti-discrimination laws,” said Office of Federal Contract Compliance Programs Regional Director Melissa Speer, in Dallas. “Oldcastle BuildingEnvelope Inc. is working cooperatively with the U.S. Department of Labor to resolve this matter and has committed to providing equal employment opportunities.”

Oldcastle BuildingEnvelope Inc.’s Denver facility supplied glass for an expansion and reconstruction project at the Rocky Mountain Regional Veterans Affairs Medical Center in Aurora, Colorado.

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 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/.

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.

GREELEY, CO - The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) and JBS USA have entered into a consent decree resolving allegations of hiring discrimination at the company's beef processing facilities in Hyrum, Utah, and Cactus, Texas.

The decree settles allegations in two actions pending before the U.S. Department of Labor Office of Administrative Law Judges (OALJ). In the two cases, OFCCP alleged that JBS USA discriminated against female, white, black, Native American, and Hispanic applicants for general production laborer positions at its Hyrum and Cactus facilities. JBS USA denies the OFCCP allegations and asserts it did not discriminate against any applicants for employment at its facilities. 

While denying liability, JBS USA will voluntarily pay $4,000,000 in back wages and other monetary relief to 12,625 class members at the Hyrum and Cactus facilities and hire 1,664 of the applicants. To promote proactive compliance, OFCCP and JBS USA have agreed to undertake a five-year collaboration to enhance JBS' company-wide compliance with Executive Order 11246 and to foster a constructive relationship between the agency and the contractor.

A beef and pork processor in the U.S., JBS USA and a subsidiary, Pilgrim's Pride, a poultry processor, have agreed, under the decree, to retain an independent workplace consultant to review and revise their hiring process for general production laborers at all of their U.S. meat processing plants.

Job applicants who believe they are eligible for back pay or job opportunities from this settlement may check the OFCCP Class Member Locator, which provides information about this and other OFCCP settlements.

ROME, GA – Crothall Laundry Services Inc. has agreed to pay $72,000 in back wages after a routine compliance evaluation by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) found alleged systematic hiring discrimination violations at its Rome, Georgia, worksite.

OFCCP found that - beginning in 2013 - Crothall Laundry Services Inc. discriminated against 36 female applicants in the hiring and selection process for production positions. OFCCP also cited recordkeeping violations at the Rome facility, and found the company failed to make good-faith efforts to recruit African American employees. 

Crothall Laundry Services Inc. has agreed to pay the back wages and interest, as well as extend job offers to nine affected class members. To ensure future compliance, the company is obligated to evaluate and revise its hiring and selection policies; develop job-related qualification standards for production positions; and examine and improve its efforts to recruit qualified females and minorities.

“Federal contractors must ensure their pay practices do not discriminate,” said Office of Federal Contract Compliance Programs Southeast Regional Director Samuel B. Maiden, in Atlanta. “The U.S. Department of Labor remains committed to holding companies with federal contracts accountable in ensuring equal employment opportunity at their facilities.”

Crothall Laundry Services Inc. provides laundry and janitorial services for the U.S. Army and the U.S. Air Force. It is an operating division of Crothall Healthcare, based in Wayne, Pennsylvania.

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/.

PHILADELPHIA, PA – The U.S. Department of Labor has reached an agreement with federal contractor Coastal International Security Inc. – a security services company based in Stafford, Virginia – that requires the company to pay $409,947 in back wages and interest to settle allegations of systemic hiring discrimination.

The Department's Office of Federal Contract Compliance Programs, during a routine compliance evaluation, found that Coastal International Security - from January 1, 2013, through December 31, 2014 - discriminated against 180 female applicants for professional security officer positions in violation of Executive Order 11246, which prohibits sex discrimination by federal contractors doing business with the government.

While not admitting liability, the company has agreed to make 16 job offers to original applicants as positions become available, in addition to four it has already hired. The company has also agreed to pay for additional certification trainings for at least three class members to enhance their employment opportunities in the security industry.

"Employers should always monitor their hiring process to ensure applicants are not rejected based on discrimination or biases," said Michele Hodge, the Regional Director for OFCCP in Philadelphia.

OFCCP's Class Member Locator (CML) identifies 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 who applied between January 1, 2013, and December 31, 2014, the period of the investigation, please visit http://www.dol.gov/ofccp/CML/index.htm, where you can also find information about 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/.

ROSEVILLE, MN - The U.S. Department of Labor has reached a settlement with A'viands Food & Service Management requiring the federal contractor to pay $399,000 in back pay and interest to 98 female employees to resolve pay discrimination violations found at its Roseville, Minnesota, facility.

The settlement comes after a routine compliance evaluation by the Department's Office of Federal Contract Compliance Programs (OFCCP) determined that - since at least December 31, 2011 - the company paid female employees working in food service director-exempt positions less than similarly situated male employees.  

Moreover, A'viands Food & Service Management has agreed to review employee compensation practices to determine whether those policies have a disproportionately negative effect on compensation for females, and agreed to make adjustments to those policies as necessary. Other non-monetary forms of relief contained in the agreement include compensation monitoring and equal employment opportunity training.

"Federal contractors must ensure their pay practices do not discriminate," said Acting Regional Director Carmen Navarro of the Office of Federal Contract Compliance Programs in Chicago. "The U.S. Department of Labor remains committed to holding companies with federal contracts accountable in ensuring equal employment opportunity at their facilities."

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/.

DES PLAINES, IL – The U.S. Department of Labor has reached a settlement with Omnicare of Northern Illinois that requires the company to pay $300,000 in back pay and interest to 132 pharmacy technicians of Asian heritage to remedy pay discrimination violations identified at its Des Plaines, Illinois, facility.

The settlement follows a routine compliance evaluation by the Department's Office of Federal Contract Compliance Programs (OFCCP), where investigators found that, as of April 1, 2013, Omnicare of Northern Illinois paid Asian employees in pharmacy technician positions less than similarly situated employees.  

"Employers should review their compensation processes to ensure that their employees do not suffer from discriminatory practices," said Carmen Navarro, Acting Regional Director, Office of Federal Contract Compliance Programs in Chicago. "This settlement demonstrates the U.S. Department of Labor's commitment to combating pay discrimination and holding companies with federal contracts accountable if they fail to ensure equal employment opportunity."

Omnicare of Northern Illinois also agreed to review employee compensation practices and make adjustments as necessary. Other non-monetary forms of relief contained in the settlement include compensation monitoring and Equal Employment Opportunity training for employees.

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/.