CHICAGO — Federal contractor InterCall will pay $700,000 in back wages, interest and benefits to 151 minority job applicants who were subjected to discrimination by the company. The settlement follows an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs, which found that 103 black, 28 Asian and 20 Hispanic job applicants were systemically rejected for sales associate positions at the company's Chicago offices in 2006 and 2007. In addition to financial compensation, InterCall will extend a total of 14 offers of employment to affected applicants as positions become available.

"I'm pleased that we were able to work out a fair resolution on this case," said OFCCP Midwest Regional Director Sandra S. Zeigler. "Companies that do business with our government have a responsibility to ensure that their workplaces are safe, fair and diverse. Going forward, we expect that will be true at InterCall."

During a scheduled compliance review, OFCCP determined that the company had violated Executive Order 11246, which prohibits federal contractors and subcontractors from discriminating on the basis of race and national origin in their employment practices. Under the terms of the conciliation agreement worked out between the Labor Department and InterCall, the company will pay $700,000 to be divided among the 151 affected minority applicants who return timely notifications. The company also has agreed to undertake extensive self-monitoring and corrective measures to ensure that all employment practices fully comply with the law and will immediately correct any discriminatory practices.

InterCall, a subsidiary of West Corp. of Omaha, Neb., is the world's largest conferencing provider. Between 2005 and 2008, the company had a $1.7 million contract to provide software, telecommunication support and recording services to the U.S. Department of Health and Human Services.

In addition to Executive Order 11246, OFCCP's legal authority exists under Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. As amended, these three laws hold those who do business with the federal government, both contractors and subcontractors, to the fair and reasonable standard that they not discriminate in employment on the basis of gender, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP's toll-free helpline at 800-397-6251. Additional information is also available at http://www.dol.gov/ofccp.

GREEN BAY, Wis. — Federal contractor Green Bay Dressed Beef LLC will pay $1.65 million in back wages, interest and benefits to 970 women who were subjected to systemic discrimination by the company. The settlement follows an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs, which found that the women were rejected for general laborer positions at the company's Green Bay plant in 2006 and 2007.

"This is the 21st century in the United States of America. There is no such thing as a "man's job,'" said Secretary of Labor Hilda L. Solis. "I am pleased that my department has been able to work out a resolution with Green Bay Dressed Beef, and that the settlement not only compensates the victims of discrimination but also provides jobs for many of these women."

In addition to financial compensation, the beef supplier will extend a total of 248 offers of employment to affected women as positions become available. The company already has hired more than 60 of the women in the original class.

During a scheduled compliance review, OFCCP determined that the company had violated Executive Order 11246, which prohibits federal contractors from discriminating on the basis of gender in their employment practices. Under the terms of the conciliation agreement worked out between the Labor Department and the contractor, the $1.65 million will be divided among the affected women who return timely notifications. The company also has agreed to undertake extensive self-monitoring and corrective measures to ensure that all employment practices fully comply with the law and will immediately correct any discriminatory practices.

Two of Green Bay Dressed Beefs largest clients are the U.S. Department of Agriculture and the U.S. Department of Defense — as one of the largest suppliers of beef products for the federal school lunch program and one of the leading providers of beef products to American military personnel worldwide.

In addition to Executive Order 11246, OFCCP's legal authority exists under Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. As amended, these three laws hold those who do business with the federal government, both contractors and subcontractors, to the fair and reasonable standard that they not discriminate in employment on the basis of gender, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP's toll-free helpline at 800-397-6251. Additional information is also available at http://www.dol.gov/ofccp.

LUMBERTON, N.C. — The U.S. Department of Labor's Office of Federal Contract Compliance Programs today filed an administrative complaint against Nash Finch Co. for systematically discriminating against more than 80 qualified women who applied for order selector positions at the company's Lumberton facility. Nash Finch is the second-largest publicly traded wholesale food distributor in the United States and is based in Minneapolis, Minn. The company contracts with the federal government to provide goods and services to more than 200 military bases in the U.S. and overseas.

"It is unacceptable that a company which profits from lucrative federal contracts would repeatedly violate the law in this manner," said OFCCP Director Patricia A. Shiu. "Nash Finch has demonstrated an unfortunate pattern and practice of hiring discrimination, and the American taxpayers should not have to bankroll this company's bad behavior anymore."

Order selectors at the Lumberton facility pull warehouse stock to fill customer orders. Under Executive Order 11246, federal contractors cannot discriminate in employment practices based on gender. However, data collected from Nash Finch during a six-month period showed striking hiring discrepancies. The company hired approximately 6 percent of qualified female applicants versus 26 percent of male applicants.

The Labor Department's administrative complaint seeks remedies for the rejected applicants, including lost wages, benefits and interest for more than 80 affected class members, as well as job offers and retroactive seniority for at least 11 of the original applicants. Moreover, OFCCP is petitioning the Labor Department's administrative law judge to cancel all of Nash Finch's existing federal contracts and debar the company from entering into any future contracts until the violations are resolved and the company corrects its discriminatory employment practices.

In addition to Executive Order 11246, OFCCP's legal authority exists under Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. As amended, these three laws hold those who do business with the federal government, both contractors and subcontractors, to the fair and reasonable standard that they not discriminate in employment on the basis of gender, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP's toll-free helpline at 800-397-6251. Additional information is also available at http://www.dol.gov/ofccp.

Solis v. Nash Finch Co.

Case Number: 2011-OFC-00004

VERNON, Texas — The U.S. Department of Labor's Office of Federal Contract Compliance Programs has announced that Tyson Refrigerated Processed Meats Inc. has agreed to settle findings of hiring discrimination against 157 African-American and 375 Caucasian applicants for laborer positions at the company's bacon processing plant in Vernon.

"The Labor Department is committed to leveling the playing field for all workers," said OFCCP Director Patricia A. Shiu. "A company that profits from taxpayer dollars must not discriminate, period."

OFCCP investigators found that African-American and Caucasian applicants were less likely to be hired than similarly situated Hispanic applicants over a two-year period.

Under the terms of the conciliation agreement, Tyson Refrigerated Processed Meats will pay a total of $560,000 in back pay and interest to the 532 applicants. Additionally, the company will make job offers to 59 of the 532 eligible class members as laborer positions become available and revise the practices, policies and procedures it uses to recruit, track and hire applicants to fully comply with the law and immediately correct discriminatory practices.

This agreement follows litigation by OFCCP involving two other subsidiaries of Tyson Foods Inc. In 2008, a Labor Department administrative law judge found that TNT Crust in Green Bay, Wis., systematically discriminated against Hispanic applicants in its hiring. In September 2010, OFCCP filed an administrative complaint against a Tyson Fresh Meats plant in Joslin, Ill., for systematically rejecting female applicants seeking entry-level positions.

OFCCP, an agency of the U.S. Department of Labor, enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 that prohibit employment discrimination by federal contractors. The agency monitors federal contractors to ensure that they provide equal employment opportunities without regard to race, gender, color, religion, national origin, disability or veteran status.

CHARLOTTE, N.C. — Coca-Cola Bottling Company Consolidated has agreed to pay $495,000 in back wages and interest to 95 African-American and Hispanic job seekers who applied in 2002 for sales support positions at the company's Black Satchel Road distribution facility in Charlotte. The settlement follows an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs.

In addition to back pay, the Coca-Cola bottler agreed to make offers of employment to those 95 applicants until at least 23 interested applicants are hired. Those hired will receive retroactive seniority benefits they would have accrued from July 1, 2002, if not for the discriminatory actions of the company.

"The Labor Department is firmly committed to ensuring that those who do business with our government do not discriminate in their employment practices," said OFCCP Director Patricia A. Shiu. "Being a federal contractor is a privilege that comes with an obligation to ensure equal opportunity in employment."

This plant is the second largest Coca-Cola bottler in the nation and a major supplier of Coke brand products to military and government installations under a number of federal contracts.

OFCCP's investigation of the company's hiring practices found that the Coca-Cola bottler failed to hire qualified minority applicants at a comparable rate to non-minority applicants. OFCCP's statistical analysis determined that the disparity in hires was too great to occur solely by chance. Additionally, OFCCP found that the bottler's own records revealed instances in which rejected minority applicants had more experience and education than some non-minority hires.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. As amended, these three laws hold those who do business with the federal government, to the very reasonable standard that they not discriminate in their employment practices based on gender, race, color, religion, national origin, disability, or status as a protected veteran. For more information, visit OFCCP's website at http://www.dol.gov/ofccp/.

WASHINGTON — Secretary of Labor Hilda L. Solis issued the following statement in commemoration of the 45th anniversary of the signing of Executive Order 11246, creating what eventually became the U.S. Department of Labor's Office of Federal Contract Compliance Programs:

"Six months after brave men and women crossed the Edmund Pettus Bridge in Selma, Alabama, and just six weeks after Congress passed the Voting Rights Act, the march to redeem America's promise took another important step forward. Asserting that civil rights laws alone were not enough to remedy discrimination, President Lyndon B. Johnson issued Executive Order 11246 on Sept. 24, 1965.

"This landmark order, which created the U.S. Department of Labor's Office of Federal Contract Compliance Programs, requires those who do business with the U.S. government — both contractors and subcontractors — to ensure equal opportunity for all job seekers and wage earners.

"OFCCP's legal authority has since been expanded by the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. As amended, these three laws hold federal contractors to the very reasonable standard that they must not discriminate in their employment practices on the basis of gender, race, color, religion, national origin, disability or status as a protected veteran.

"Nearly one in four American workers is employed by a company that receives taxpayer dollars for contracted work. That's more than 200,000 companies with contracts totaling over $700 billion. And it is the duty of OFCCP to see that those tax dollars are not used to discriminate. That helps ensure a fundamental fairness and levels the playing field for America's workers.

"So, today, I congratulate the nearly 800 OFCCP staff in offices across the nation as they mark 45 years of protecting workers, promoting diversity and enforcing the law. Their work ensures good jobs are within the grasp of everyone, and it makes America a more just — and better — place to work and live."

WASHINGTON — The U.S. Department of Labor has filed an administrative complaint against Tyson Fresh Meats, the world's largest supplier of premium beef and pork and a wholly owned subsidiary of Tyson Foods Inc. The complaint alleges that Tyson systematically rejected female job applicants at its plant in Joslin, Ill.

"The Labor Department is firmly committed to ensuring that federal contractors give all individuals a fair and equal chance at employment," said Patricia A. Shiu, director of the department's Office of Federal Contract Compliance Programs. "Taxpayer dollars must never be used to discriminate. In our efforts to uncover workplace discrimination, OFCCP will utilize a host of remedies, including debarment, to protect workers, promote diversity and enforce the law."

OFCCP's investigation revealed that Tyson utilized a hiring process and selection procedures that discriminated against women seeking entry-level positions. Executive Order 11246, under which this lawsuit was brought, prohibits federal contractors such as Tyson from discriminating on the basis of gender when making their hiring decisions and empowers OFCCP to monitor their compliance with the law.

The complaint requests that all of Tyson's federal contracts be canceled; it be debarred from future government contracts until it has remedied the violations; and it provide complete relief, including lost wages, interest and other benefits of employment, to affected individuals. OFCCP believes that more than 750 women are owed back wages and more than 100 women should be given the option of working for the company.

This filing follows recent litigation by OFCCP involving another Tyson Foods Inc. subsidiary, TNT Crust, located in Green Bay, Wis. A Department of Labor administrative law judge found that TNT Crust systematically discriminated against Latino applicants in its entry-level position hiring.

In addition to Executive Order 11246, OFCCP's legal authority exists under the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. As amended, these three laws hold those who do business with the federal government, both contractors and subcontractors, to the very reasonable standard that they not discriminate in their employment practices on the basis of gender, race, color, religion, national origin, disability or status as a protected veteran. For more information, call OFCCP's toll-free helpline at 800-397-6251. Additional information is available at http://www.dol.gov/ofccp/.

WASHINGTON — The U.S. Department of Labor's Office of Federal Contract Compliance Programs is seeking input from the public on ways to strengthen its regulations requiring federal contractors to take affirmative action to employ and advance in employment qualified individuals with disabilities. In an Advance Notice of Proposed Rulemaking to be published in the Federal Register July 23, the agency invites the public to help revise the regulations implementing Section 503 of the Rehabilitation Act of 1973.

"Equal access to employment is a fundamental right of every American," said Secretary of Labor Hilda L. Solis. "It's time to update this regulation to ensure that everyone has access to good jobs, including individuals with disabilities."

The Section 503 regulations have required equal employment opportunity and affirmative action since the 1970s, yet the rate of disabled people who are unemployed or not in the labor force remain significantly higher than those without disabilities. According to recent data from the U.S. Department of Labor's Bureau of Labor Statistics, 21.7 percent of people with disabilities were in the labor force in June 2010, compared with 70.5 percent of people with no disability. In addition, the unemployment rate for those with disabilities was 14.4 percent, compared with 9.4 percent unemployment for those without a disability.

"Work is central to every person's financial independence, sense of self and integrity," said OFCCP Director Patricia A. Shiu. "OFCCP is re-examining its affirmative action regulations so that people with disabilities can be assured that federal contractors are proactively seeking them out for employment."

Topics on which comment is requested include:

• What employment practices have been effective in recruiting, hiring, advancing and retaining qualified individuals with disabilities.
• What data are available that could be used to establish hiring goals and conduct utilization analyses of individuals with disabilities.
• How linkage agreements between federal contractors and organizations that focus on the employment of qualified individuals with disabilities can be strengthened to increase effectiveness.

Comments must be received by OFCCP within 60 days of the ANPRM's publication. To read the ANPRM or submit a comment, go to the Federal eRulemaking Portal at www.regulations.gov. The deadline for receiving comments is ­­Sept. 21, 2010.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974, 38 U.S.C. 4212. These laws prohibit federal contractors and subcontractors from discriminating on the bases of race, color, religion, sex, national origin, disability and veteran status. They also require affirmative action in employment by federal contractors and subcontractors.

DENVER — The U.S. Department of Labor's Office of Federal Contract Compliance Programs has announced that The Wackenhut Corp., doing business as G4S Wackenhut, has entered into a consent decree to settle findings of hiring discrimination at its Aurora, Colo., facility. The consent decree settles OFCCP's allegations that Wackenhut engaged in hiring discrimination against 446 rejected African-American applicants for the position of traditional security officer for a two-year period. Wackenhut is headquartered in Palm Beach Gardens, Fla.

"The department is committed to ensuring that federal contractors and subcontractors hire, promote and compensate their employees fairly, without respect to their race, gender, ethnicity, disability, religion or veteran status," said Patricia A. Shiu, director of OFCCP, who is based in Washington, D.C. "This settlement of $290,000 in back pay on behalf of 446 African-Americans should put all federal contractors on notice that the Labor Department is serious about eliminating systemic discrimination."

OFCCP investigators found that the company engaged in hiring discrimination against African-Americans from Jan. 1, 2002, through Dec. 31, 2003. Under the terms of the consent decree and order, filed with the U.S. Department of Labor's Office of Administrative Law Judges, Wackenhut will pay a total of $290,000 in back pay and interest to the 446 rejected African-American applicants and will hire 41 of the applicants into traditional security officer positions. The company also agreed to undertake extensive self-monitoring measures to ensure that all hiring practices fully comply with the law and will immediately correct any discriminatory practice. In addition, Wackenhut will ensure compliance with Executive Order 11246 recordkeeping requirements.

"We strongly encourage other employers to take proactive steps to come into compliance with the law to prevent workplace discrimination," said Melissa Speer, OFCCP acting director of OFCCP's Southwest and Rocky Mountain Regions, who is located in Dallas.

OFCCP, an agency of the U.S. Department of Labor, enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 that prohibit employment discrimination by federal contractors. The agency monitors federal contractors to ensure that they provide equal employment opportunities without regard to race, gender, color, religion, national origin, disability or veteran status.

WASHINGTON — A protracted case that started with a U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP) investigation has resulted in an administrative law judge's (ALJ) recommended ruling that Bank of America discriminated against African-American job applicants for entry level positions in Charlotte, N.C., in 1993 and from 2002 to 2005.

"The Labor Department is committed to ensuring that all workers — including African-Americans — are treated fairly by federal contractors in decisions concerning hiring, promotion and compensation," said OFCCP Director Patricia A. Shiu. "Further, contractors cannot use litigation as a means to obstruct OFCCP's ability to conduct its authorized investigations and pursue relief for victims of discrimination."

The ruling by ALJ Linda Chapman arises in a case that began in 1993 when OFCCP requested information from NationsBank (the bank's previous name) as part of a compliance review to determine if the bank, as a federal government contractor, treated its employees without discrimination as required by Executive Order 11246. After OFCCP advised the bank in 1995 of its findings of discrimination, the bank challenged — in federal court — OFCCP's authority to conduct the review as a violation of the bank's Fourth Amendment rights. After the challenge failed and Labor Department attorneys filed an administrative complaint, the bank pursued that challenge in the administrative forum. The department's Administrative Review Board ruled in 2003 that if the bank had consented to the review, there was no Fourth Amendment violation. The ALJ subsequently held that the bank had, in fact, consented, and department attorneys were able to address the discrimination claims.

After that hearing, ALJ Chapman held that the bank intentionally discriminated against African-American clerical, administrative and teller applicants at its Charlotte facility. The ALJ also held that the bank's failure to retain records as required by law without justification did not lessen the statistical disparities found by OFCCP's expert. Chapman now will hold a hearing to determine what remedies should be provided by the bank. After the ALJ issues a recommended decision on a remedy, the case will proceed to the department's Administrative Review Board for a final agency decision.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA), 38 U.S.C. 4212, that prohibit employment discrimination by federal contractors. The agency monitors federal contractors to ensure that they provide equal employment opportunities without regard to race, gender, color, religion, national origin, disability or veteran status. Information is available at http://www.dol.gov/ofccp/.