ATLANTA, GA – Performance Food Group Company – a federal contractor based in Richmond, Virginia – has agreed to pay $599,989 in back wages after compliance evaluations by the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) found alleged systematic hiring discrimination violations at four facilities in Florence, South Carolina; Hickory, North Carolina; Batesville, Mississippi; and Lebanon, Tennessee.

OFCCP found that, beginning in 2015, Performance Food Group Company discriminated against 565 female applicants in the hiring and selection process for selector positions at the four warehouse locations. Additionally, OFCCP found Performance Food Group Company discriminated against 755 African American applicants in the hiring and selection process for selector positions in Florence, South Carolina. OFCCP also cited recordkeeping violations in Miami, Florida, and found Performance Food Group Company failed to take good-faith efforts to recruit women for selector positions in Miami and in Hickory, North Carolina.

Performance Food Group Company has agreed to pay the back wages and interest, as well as extend job offers to 64 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 and a selection process for selector positions, and examine and improve its personnel procedures and efforts to recruit qualified females and minorities.

"Employers should monitor their hiring process to ensure applicants are not rejected based on stereotypes or biases," said OFCCP Southeast Regional Director Samuel B. Maiden. "The Department will ensure employers comply with equal employment opportunity laws in its selection and hiring practices."

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/.

ERLANGER, KY – The U.S. Department of Labor has reached a settlement with Meggitt (Erlanger) LLC – a federal contractor that produces highly engineered aerospace components for jet engines and airframe applications – in which the company will pay $161,126 to remedy alleged pay discrimination violations identified at its Erlanger, Kentucky, facility.

The settlement follows a routine compliance evaluation by the Department's Office of Federal Contract Compliance Programs (OFCCP), where investigators found that Meggitt (Erlanger) LLC compensated women less than comparable men in machine operator, assembler, and molder positions.

"Federal contractors must ensure their pay practices do not discriminate against their employees," said OFCCP Acting Regional Director Jane Suhr.

Meggitt (Erlanger) agreed to provide back pay and interest to 36 women. The company also agreed to review employee compensation practices and make necessary adjustments to ensure equal employment opportunity for its workforce.

OFCCP's routine compliance investigation began in October 2016, and later found violations dating back to July 1, 2015. In October 2017, OFCCP notified the contractor and began the process of conciliation.

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) has entered into a Memorandum of Understanding (MOU) with the National Industry Liaison Group (NILG) to support contractor education and training; enable proactive compliance with OFCCP's regulations; and minimize, to the extent feasible, the cost of compliance by contractors.  

NILG is a nonprofit employer association focused on affirmative action and equal employment opportunity; enhanced communications between the contractor community and various federal agencies, including OFCCP; and its 60 local, unaffiliated chapters.

"Our Memorandum of Understanding with the National Industry Liaison Group will help to further greater engagement and dialog with the contractor community, and lead to greater transparency, more effective compliance assistance, and ultimately more comprehensive compliance by contractors with equal employment opportunity and anti-discrimination obligations," said Acting OFCCP Director Craig E. Leen.

"The NILG is pleased and proud to enter into this MOU with the OFCCP. The agreement cements our commitment to working proactively with the agency to further our shared goals of equal employment opportunity and affirmative action. The board is also excited about provisions in the MOU regarding engagement with local ILGs and outreach that will broaden the discussion on how contractors can best meet their affirmative action obligations. We look forward to this new chapter in our partnership with the OFCCP as we work together to advance equal access," said NILG Chair Paul McGovern.

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, and status as a qualified individual with a disability or protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they inquire about, discussed, or disclosed their compensation or that of others, subject to certain limitations.

WASHINGTON, DC – Today, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) announced two directives focused on providing more transparency in OFCCP activities as an essential tool for promoting compliance. These directives, which continue the goals of the Department's recently announced Office of Compliance Initiatives (OCI), encourage and facilitate fair and transparent OFCCP compliance evaluations, and OFCCP efficiency and consistency:

• Transparency in OFCCP Compliance Activities: Over the last several months, OFCCP has taken several steps to improve transparency, cooperation, and communication with federal contractors.  This directive further extends OFCCP's transparency initiative to every stage of a compliance evaluation to facilitate consistency, improve efficiency and collaborative resolution, and also supports contractors' ability to conduct meaningful self-audits to proactively identify and address issues with their employment practices.

• OFCCP Ombuds Service: The Government Accountability Office found in a 2016 report that "[s]takeholders and contractors identified various reasons for not using OFCCP compliance assistance, including: fear that asking OFCCP for assistance would call attention to them and possibly make them a target for future OFCCP enforcement actions, such as compliance evaluations…."  OFCCP received similar comments and concerns during subsequent Compliance Assistance Town Halls and stakeholder meetings. This external stakeholder perception and experience, even if not routine, can erode confidence and trust in OFCCP to effectively carry out its mission.  The new OFCCP initiative establishes a mechanism through which external stakeholders can share their concerns about a particular open matter or provide general feedback or recommendations to improve the administration of the agency.

"We believe transparency makes us a more engaged and effective organization and these initiatives demonstrate OFCCP's commitment to improve results for American workers through participating in the Department-wide compliance assistance program," said Acting Director Craig E. Leen.

"These directives will promote greater compliance with and understanding of equal employment opportunity for government contractors," said Acting Assistant Secretary for Policy Jonathan Berry.

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.

OCI – housed within the Department of Labor's Office of the Assistant Secretary for Policy – 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.

WASHINGTON, DC – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) today announced three directives, including new procedures for reviewing contractor compensation practices, a program to verify that contractors are in compliance with federal affirmative action program (AAP) requirements, and an initiative establishing a recognition program for contractors with high-quality and high-performing compliance programs and initiatives.

These new directives are part of the Department’s efforts to maximize the effectiveness of compliance assistance outreach.

• Clear Guidance for Contractor Compensation Practices: Today’s directive further clarifies and provides additional transparency to contractors about OFCCP’s approach to conducting compensation evaluations; supports compliance and compensation self-analyses by contractors under applicable law, and OFCCP regulations and practices; and improves compensation analysis consistency and efficiency during compliance evaluations. OFCCP believes that fulsome guidance will better support contractors’ ability to conduct meaningful audits so that they can proactively identify and address issues with their compensation practices.
• Affirmative Action Program Verification Initiative: By law, federal contractors are required to take affirmative steps to ensure equal opportunity in their employment processes, including the development of an AAP within 120 days of the commencement of the contract, along with annual updates. OFCCP is charged with ensuring that federal contractors fulfill these requirements. The Government Accountability Office found in a 2016 report that “close to 85 percent of contractor establishments did not submit a written AAP within 30 days of receiving a scheduling letter.” The new OFCCP initiative establishes a program for verifying compliance by all contractors with AAP obligations.
• Contractor Recognition Programs: Contractor recognition programs can encourage more comprehensive and proactive compliance efforts. Today’s directive establishes a contractor recognition program that will include awards that highlight implementable best or model contractor practices, a contractor mentoring program that uses contractors to help their peers improve compliance, and other initiatives that provide opportunities for contractors to collaborate or provide feedback to OFCCP on its compliance assistance efforts.

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.

SAN DIEGO, CA – The U.S. Department of Labor reached a settlement with Parker Hannifin Corp. that requires the company to pay $222,000 to remedy pay discrimination violations identified at its San Diego Composite Sealing Solutions facility.

The settlement comes after a routine compliance evaluation by the Department’s Office of Federal Contract Compliance Programs (OFCCP), where OFCCP investigators found that, as of Jan. 1, 2014, Parker Hannifin steered females in operative positions, such as machinist, molders, shipping and technicians, into lower paying roles, earning less than males situated similarly.

“This settlement demonstrates the U.S. Department of Labor’s commitment to combatting pay discrimination,” said OFCCP Acting Director Craig E. Leen.

Parker Hannifin Corp. agreed to pay $222,000 in back pay and interest to 37 women. The company 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.

Parker Hannifin Corp.’s Composite Sealing Solutions Division is a federal contractor that designs and manufactures sealing systems, including systems used in the aerospace and military sectors.

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 two new policy directives focused on ensuring equal employment opportunity and protecting Americans’ religious freedom. The equal employment opportunity directive calls for more comprehensive reviews of contractor compliance with federal anti-discrimination laws, and the religious freedom directive protects the rights of religion-exercising organizations.

By law, federal contractors are required to take affirmative steps to ensure equal opportunity in their employment processes. 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, and status as a qualified individual with a disability or 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. The Agency’s directives provide guidance to OFCCP staff and federal contractors regarding enforcement and compliance policy and procedures.

Through the directive issued today, the Department announced that it is implementing a comprehensive compliance initiative, which seeks to ensure compliance with equal employment opportunity and anti-discrimination regulations in all of its protected groups. As part of this initiative, OFCCP will add focused reviews to its compliance activities, with comprehensive onsite reviews focused on each of the three enforcement authorities OFCCP enforces: Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended.

The second directive instructs OFCCP staff – in all their activities – to take into account recent U.S. Supreme Court decisions and White House Executive Orders that protect religious freedom. The Supreme Court issued rulings in 2014, 2017, and 2018 that safeguard the broad freedoms and anti-discrimination protections that must be afforded religion-exercising organizations and individuals under the U.S. Constitution and federal law. Additionally, President Donald J. Trump has issued Executive Orders making clear the Administration’s commitment to robust protections for religious freedom, as well as ensuring a level playing field for faith-based organizations to compete for federal grants, contracts, programs, and other funding opportunities.

WASHINGTON, DC –The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) today issued a two-year extension of its enforcement moratorium relating to the affirmative obligations of TRICARE providers. This moratorium has been in effect for four years, and will now expire on May 7, 2021; it will also now apply to Veterans Affairs Health Benefits Program providers.

“By providing greater regulatory certainty to TRICARE providers and Veterans Affairs Health Benefits Program providers, the Administration can help ensure that America’s veterans and their families can access quality health care,” said OFCCP Director Ondray T. Harris.

Active-duty and retired service members, and their families, too often have difficulty accessing health care. There is evidence suggesting that continued uncertainty regarding the extent to which OFCCP requirements apply to TRICARE providers exacerbates these challenges. With the approaching expiration of the moratorium adding additional uncertainty, this extension will provide OFCCP time to receive feedback from stakeholders, relieve uncertainty, and give OFCCP an opportunity to evaluate and address legislation that may be enacted on this issue.

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/.

SAN FRANCISCO, CA – The U.S. Department of Labor has reached a settlement with Dell EMC that requires the company to pay more than $2.9 million in back wages to remedy alleged pay discrimination violations at four Dell EMC locations in California and North Carolina. Headquartered in Hopkinton, Massachusetts, Dell EMC is a federal contractor providing computing, networking, and data storage solutions.  

The settlement follows routine compliance evaluations by the Department’s Office of Federal Contract Compliance Programs (OFCCP) that found, beginning in 2014, Dell EMC systemically discriminated against females in engineering, marketing, and sales roles at its Pleasanton, California, facility and females in engineering and manufacturing roles at its Santa Clara, California, facility. OFCCP investigators found that the company paid women and African Americans in engineering roles at its Durham, North Carolina, facility less than white males. Investigators also found that the company paid African American females in manufacturing roles in Apex, North Carolina, less than white males.

“The Department of Labor appreciates Dell EMC’s cooperation to resolve these issues,” said OFCCP National Director Ondray Harris. “Together, we will ensure that the company complies with equal employment opportunity laws in its compensation practices.”

In its conciliation agreement with OFCCP, Dell EMC denies liability but will pay more than $2.9 million in back pay and interest to the affected class members. The company will also make pay adjustments, and take steps to ensure its pay practices meet legal 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. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

WASHINGTON, DC – After a routine compliance evaluation by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), Humana Inc. has agreed to pay $2.5 million in back wages and interest as part of a conciliation agreement with the U.S. Department of Labor to resolve allegations of pay discrimination against 753 women at the health insurance company’s headquarters in Louisville.

OFCCP asserts that, in 2011-2012, Humana paid women in consulting, project manager, and manager positions less than similarly situated men. OFCCP determined that Humana’s actions violated Executive Order 11246, which prohibits federal contractors from discriminating on the basis of sex. Although not admitting liability, the company will also make pay adjustments and take steps to ensure its pay practices meet legal requirements. Humana, with headquarters in Louisville, Kentucky, is a federal contractor with the U.S. Department of Defense.

“We are pleased that Humana has a commitment to equal employment opportunity and has worked cooperatively with the Department of Labor to resolve this matter,” said OFCCP Regional Director Samuel Maiden, in Atlanta. “Federal contractors and subcontractors must comply with all federal anti-discrimination 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. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.