DENVER — The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) today announced that DAL Global Services LLC in Denver has agreed to settle findings of hiring discrimination against 110 rejected Asian, black, white and female job applicants. The agreement resolves the department's allegations that the employer discriminated against applicants for the position of ramp agent at Denver International Airport.

During a compliance evaluation of DAL's facility in Denver, OFCCP investigators found that the company engaged in hiring discrimination against Asian, black, white and female applicants from January through December 2007. Under terms of a conciliation agreement, DAL Global Services will pay a total of $100,000 in back pay and interest to the 110 applicants and will provide 18 ramp agent positions to the class members.

"The Labor Department is committed to ensuring that all Americans are hired, promoted and compensated fairly, without respect to their race, gender, ethnicity, disability, religion or veteran status," said Melissa L. Speer, OFCCP's acting regional director of its Southwest and Rocky Mountain Region, who is based in Dallas. "This settlement of $100,000 should put all federal contractors on notice that the Labor Department is serious about eliminating systemic discrimination."

The company also has agreed to undertake extensive self-monitoring measures to ensure that all hiring practices fully comply with the law and to immediately correct any discriminatory practices. In addition, DAL Global Services will ensure compliance with Executive Order 11246 recordkeeping requirements.

DAL Global Services, a wholly owned subsidiary of Delta Airlines Inc. with headquarters in Atlanta, provides a wide variety of aviation services to the airline, including loading and unloading baggage and cargo, cleaning aircraft cabins, operating and maintaining ground service equipment, and performing ticketing and gate functions.

OFCCP, an agency of the Department of Labor, enforces Executive Order 11246 and other laws 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.

NEW YORK, NY – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has entered into a consent decree with B&H Foto & Electronics Corp. to resolve allegations of systemic hiring, compensation, and promotion discrimination, as well as harassment, at the company’s Brooklyn Navy Yard warehouse.

The decree settles allegations that B&H Foto discriminated against female as well as black and Asian job seekers by hiring only Hispanic men for entry-level positions. In addition, there were allegations that Hispanic shipping workers were paid significantly less than comparable workers and denied promotion to higher level positions. There were also allegations that Hispanic workers were routinely subjected to harassing conduct and had unequal access to restroom facilities, and the company failed to take corrective action when confronted with employee complaints.

“Federal contractors who benefit from taxpayers’ dollars are required to treat their employees fairly, or risk losing their government contracts,” said Regional Solicitor of Labor Jeffrey S. Rogoff. “We are pleased that B&H Foto entered into this agreement, and has committed to ensuring that their workers will receive equitable wages and opportunities, and enjoy a workplace that promotes equal employment opportunity.”

Under the terms of the decree, the Manhattan photo, video, audio, and digital imaging retailer has agreed to pay $3,220,000 in back wages and other monetary relief to more than 1,300 affected class members. B&H also agreed to hire a workplace consultant to help correct its employment practices and workplace conduct at its Brooklyn Navy Yard warehouse, as well as its future warehouse in Florence, New Jersey. The company also agreed to provide its managers with annual training on equal opportunity principles and prevention of workplace harassment.

As a federal contractor, B&H Foto is prohibited by Executive Order 11246 from discriminating in employment on the basis of race, color, sex, or national origin.

The matter was investigated by the Northeast Regional Office of Federal Contract Compliance Programs. Attorneys Sudwiti Chanda, Allison Bowles, Dustin Saldarriaga, and Summer Silversmith of the Department’s New York Regional Solicitor’s Office litigated and negotiated the resolution of the case.

In addition to the Executive Order, 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.

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Office of Federal Contract Compliance Programs, U.S. Department of Labor v. B&H Foto & Electronics Corp. 

Docket number: 2016-OFC-00004

MOUNTAINSIDE, N.J. – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs and KPMG, one of the world’s largest auditing firms, have entered into a conciliation agreement to resolve allegations of hiring discrimination.

The agreement with KPMG LLP follows an OFCCP investigation that found from Oct. 1, 2011, to March 31, 2013, the auditing firm discriminated against 60 Asian applicants for associate audit positions at its facility in Short Hills. The agency determined that KPMG’s actions violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color or national origin.

KPMG does not acknowledge any liability. It agreed to pay $420,000 in back pay, interest and benefits to the 60 Asian applicants for associate audit positions. The company will also provide associate audit job opportunities to six affected applicants as positions become available. In addition, KPMG will take steps to ensure its personnel practices, including record-keeping and internal auditing procedures, meet legal requirements.

“Together, the department and KPMG will ensure that this issue is resolved, and that the company has the measures in place to comply with federal hiring and employment law,” said OFCCP Acting Director Thomas Dowd.

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, as well as NASA and the IRS.

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 make it illegal for federal contractors and subcontractors 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.

PALO ALTO, Calif. – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has entered into a consent decree with Palantir Technologies Inc. to resolve charges of systemic hiring discrimination at the company’s Palo Alto facility.

The decree settles OFCCP’s allegations that Palantir Technologies discriminated against Asian applicants in the hiring and selection process for engineering positions. Under the terms of the decree, Palantir will pay $1,659,434 in back wages and other monetary relief – including the value of stock options – to the affected class and extend job offers to eight eligible class members.

Palantir is a computer software and services company specializing in data analysis. Founded in 2004, its clients include federal government agencies, law enforcement agencies and private companies. As a federal contractor, Palantir is prohibited by Executive Order 11246 from discriminating in employment on the basis of race, color, sex or national origin and is required to take affirmative action to ensure that equal opportunity is provided in all aspects of employment. On Sept. 21, 2016, OFCCP filed a complaint against Palantir after the department and Palantir were unable to resolve the findings of an OFCCP investigation through the conciliation process.

“We appreciate Palantir working with us to resolve these issues,” said OFCCP Acting Director Thomas Dowd. “Together, we will ensure that the company complies with equal employment opportunity laws in its recruitment, hiring and other employment 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 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 workers eligible for back pay or job opportunities from this settlement, or may know someone who is, please visit the OFCCP Class Member Locator at http://www.dol.gov/ofccp/cml, where you can also find information about other OFCCP settlements.

Who: U.S. Department of Labor’s Office of Federal Contract Compliance Programs
Texas Workforce Solutions of the Coastal Bend

What: Falfurrias Border Patrol Station Symposium and Job Fair

When: April 20, 2017
Symposium: 9-11a.m. CDT
Job Fair: 1-3p.m. CDT

Where: The Ed Rachal Memorial Library
203 S. Calixto Mora Ave.
Falfurrias, TX 78355

Background: The U.S. Department of Labor’s Office of Federal Contract Compliance Programs and the Texas Workforce Solutions of the Coastal Bend are sponsoring the Falfurrias Border Patrol Station Symposium and Job Fair. The department has designated the station as a Mega Construction Project which promotes equal opportunity in skilled trades through effective recruitment and training. MCPs have values in excess of $25 million and are expected to last at least one year. During the project, OFCCP provides compliance assistance to the prime contractor and subcontractors regarding their equal employment opportunity obligations and stakeholders share ideas and resources to ensure equal employment opportunity on the project for women, minorities, individuals with disabilities and protected veterans.

The April symposium will highlight the MCP’s significant economic and employment impact on the community and include a keynote address by Brooks County Judge Imelda Barrera. The job fair will be the first of several for this project, and participating employers will include the prime contractor, approximately 15 subcontractors and several local businesses.

Community leaders, agencies and business representatives interested in attending the free symposium can contact James Shinn at 210-472-5835 or via email at shinn.james@dol.gov.

WASHINGTON – The U.S. Department of Labor has settled a case that arose from a 1993 compliance review of NationsBank, N.A., that found systematic hiring violations involving African-American applicants for entry-level jobs and led to more than two decades of litigation. NationsBank merged with the Bank of America, N.A. in 1998.

The review by the department’s Office of Federal Contract Compliance Programs determined the bank had violated Executive Order 11246 by unlawfully discriminating against the applicants for clerical, teller and administrative positions at the Charlotte, North Carolina facility.

In 2016, the department’s Administrative Review Board issued a Final Decision and Order granting relief to the African-American applicants who were not hired in 1993. Bank of America initially challenged the order in U.S. District Court, and the bank does not admit liability. A settlement has been reached, though, and the bank has now agreed to resolve the case by paying $1 million in back wages and interest to 1,027 African-American applicants for the North Carolina jobs. A U.S. District Court judge in the District of Columbia has entered an order to stay the proceedings until Bank of America fully complies with the terms of the settlement agreement.

“Although much time and effort has gone into this case by all parties, the department is pleased that the matter has been resolved. It is a win for the affected job applicants, for Bank of America and for the department,” said Acting OFCCP Director Thomas M. Dowd. “It reinforces our nation’s founding principles of fair treatment and level playing fields.”

OFCCP recently launched the Class Member Locator to help identify applicants and/or workers who have been impacted by its compliance evaluations and complaint investigations, and who may be entitled to monetary relief and/or consideration for job placement.

If you are an African-American jobseeker who applied for an entry-level position at NationsBank’s Charlotte facility in 1993 and were not hired, please visit our website at http://www.dol.gov/ofccp/CML/index.htm, where you can also find information about this and other recent OFCCP settlements, or call 855-216-0427.

OFCCP seeks to ensure compliance with 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 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/.

Bank of America, N.A. v. Office of Federal Contract Compliance Programs, United States Department of Labor, et al. Civil Action No. 1:16-cv-968; Office of Federal Contract Compliance Programs, United States Department of Labor v. Bank of America, N.A., ARB Case No. 13-099; ALJ Case No. 1997-OFC-016. 

MIDDLETOWN, Iowa – A munitions manufacturer for the U.S. Army in Iowa has agreed to pay two former security officers a total of $50,000 in back pay and other damages after the U.S. Department of Labor’s Office of Federal Contract Compliance Programs found American Ordnance LLC failed to accommodate them as required by the Section 503 of the Rehabilitation Act of 1973 and the Americans with Disability Act of 1990.

“Federal contractors must make decisions based on employees’ abilities, not their disabilities,” said Tom Dowd, the OFCCP’s acting director. “Employees with disabilities should feel comfortable requesting an accommodation, and federal contractors must respond to them in a timely manner. By voluntarily entering into this settlement agreement and making reasonable accommodations, American Ordnance is ensuring employees with disabilities can remain on the job and be productive.”

In the conciliation agreement, American Ordnance consents to resolve the discrimination findings and revise its procedures for handling reasonable accommodations. In addition to back wages and damages, the company will also notify all employees of how to request reasonable accommodations. It also agreed to audit and evaluate its procedures and to train supervisors about the ADA. The company did not admit liability.

OFCCP’s Chicago District Office conducted the investigation after a complaint alleged the company failed to accommodate an employee in violation of Section 503 of the Rehabilitation Act and the ADA. The individual was terminated and the company failed to reinstate him during his recall period. Following the OFCCP audit, the company offered reinstatement to the former employee, who declined.

During the investigation, OFCCP determined a second employee, who had voluntarily left the company, was also discriminated against for his disabilities during his employment.

The complaint was dual filed under Section 503 of the Rehabilitation Act of 1973, enforced by the department for federal contractors, and the ADA, which is enforced by the Equal Employment Opportunity Commission. This enabled OFCCP to obtain appropriate relief for the two former employees.

Since 2014, American Ordnance has received more than $13 million in federal contracts from the U.S. Department of the Army. The company is owned by Day and Zimmerman of Philadelphia, Pennsylvania.

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 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 discharging or discriminating against applicants or employees who inquired about, discussed or disclosed their compensation or that of others. For more information, visit http://www.dol.gov/ofccp/.

SAN FRANCISCO – The U.S. Department of Labor has filed a lawsuit against Oracle America, Inc. alleging the leading technology company has a systemic practice of paying Caucasian male workers more than their counterparts in the same job title, which led to pay discrimination against female, African American and Asian employees. The suit also challenges Oracle’s systemic practice of favoring Asian workers in its recruiting and hiring practices for product development and other technical roles, which resulted in hiring discrimination against non-Asian applicants.

Oracle designs, manufactures, and sells software and hardware products, as well as offers services related to its products to the federal government.

The lawsuit filed by the department’s Office of Federal Contract Compliance Programs is the result of an OFCCP compliance review of Oracle’s equal employment opportunity practices at its Redwood Shores headquarters. During the investigation – which began in 2014 – Oracle also refused to comply with the agency’s routine requests for employment data and records.  For example, Oracle refused to provide prior-year compensation data for all employees, complete hiring data for certain business lines, and employee complaints of discrimination.   OFCCP attempted for almost a year to resolve Oracle’s alleged discrimination violations before filing the suit.

Oracle has received hundreds of millions in federal government contracts. As a federal contractor, Oracle is prohibited from engaging in employment discrimination on the basis of race, color, sex, sexual orientation or gender identity or national origin and is required to take affirmative action to ensure that equal employment opportunity is provided to applicants and employees in all aspects of employment. If Oracle fails to provide relief as ordered in the lawsuit, OFCCP requests that all its government contracts be canceled and that it be debarred from entering into future federal contracts.

“Federal contractors are required to comply with all applicable anti-discrimination laws,” said OFCCP Acting Director Thomas M. Dowd. “We filed this lawsuit to enforce those requirements.” 

Filed with the Office of Administrative Law Judges, the complaint asks the court to enjoin Oracle permanently from discriminating against females, African Americans and Asians in compensation practices and against African American, Hispanic and Caucasian applicants in hiring practices. OFCCP is also seeking complete relief for the affected class including lost wages, stock, interest, front wages, salary adjustments, promotions and all other lost benefits of employment and a reform of discriminatory policies.

The complaint can be viewed here.

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 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/.

NEW YORK – The U.S. Department of Labor filed a lawsuit against JPMorgan Chase & Co., alleging that the financial institution systematically discriminated against female employees in certain professional positions by compensating them less than their male counterparts. The suit maintains that JPMorgan’s compensation policies and practices violated Executive Order 11246, which prohibits federal contractors from discriminating in employment on the basis of sex.

In its compliance review, the department’s Office of Federal Contract Compliance Programs found that – since at least May 15, 2012 – JPMorgan paid at least 93 females employed in Application Developer Lead II, Application Developer Lead V, Project Manager and Technology Director positions within its Investment Bank, Technology & Market Strategies unit, less than comparable men employed in these same positions. This compensation disparity remained after adjusting for differences in legitimate compensation-determining factors. OFCCP also found that JPMorgan failed to evaluate the compensation systems applicable to these employees.

“JPMorgan is required to comply with anti-discrimination laws that apply to federal contractors,” said OFFCP Acting Director Thomas M. Dowd. “We filed this lawsuit to enforce those requirements.”

Filed with the department’s Office of Administrative Law Judges, the complaint seeks:

• A permanent injunction requiring JPMorgan to comply with the requirements of the Executive Order, and according to regulations.
• A permanent injunction prohibiting JPMorgan from discriminating against female employees in compensation.
• Complete relief for the affected class including lost pay, interest, salary adjustments and all other lost benefits of employment.

JPMorgan is one of the nation’s largest banking institutions. If JPMorgan fails to provide relief as ordered, OFCCP is requesting that the court cancel all of its government contracts and debar JPMorgan from entering into future federal contracts until it satisfies the secretary of labor that its personnel and employment policies comply with Executive Order 11246.

OFCCP filed its complaint after determining that it was unable to secure a voluntary agreement from JPMorgan to take corrective action. The full complaint can be viewed here.

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/.

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Office of Federal Contract Compliance Programs, U.S. Department of Labor, v. JPMorgan Chase & Co.,

ATLANTA – LexisNexis Risk Solutions will pay over $1.2 million in back pay and interest and provide additional relief to resolve allegations of systemic pay discrimination against women at its facilities in Alpharetta, Georgia, and Boca Raton, Florida.

LexisNexis provides computer-assisted legal and business research and risk management services. During fiscal years 2015 and 2016, the company had millions of dollars in federal contracts with the U.S. Departments of Homeland Security, Justice, Transportation and Labor, and the Office of Personnel Management and the General Services Administration.

Two separate investigations by the US Department of Labor’s Office of Federal Contract Compliance Programs found that, as of  December 2012 and continuing thereafter, LexisNexis paid 26 female employees in Operational Leadership jobs substantially less than males employed in the same jobs in Boca Raton, Florida.  OFCCP’s investigations further found that, as of December 2012, LexisNexis paid 185 female employees in Operational Leadership jobs substantially less than their male counterparts in Alpharetta, Georgia. The agency found a significant difference in pay in both locations even after taking into account legitimate factors that affect pay level. Executive Order 11246 prohibits federal contractors from engaging in compensation discrimination on the basis of sex.

“It is unlawful for federal contractors to discriminate in pay on the basis of sex,” said Acting OFCCP Director Thomas M. Dowd.  “Through this settlement, the affected class members will be compensated for their losses. We are pleased that the contractor worked cooperatively with us and has agreed to review and revise pay policies and procedures as necessary.”

While not admitting liability, LexisNexis has agreed to pay over $1.2 million in back pay and interest, and to monitor practices that affect compensation for women adversely. The company also agreed to pay over $45,000 in salary adjustments to women employed at the Boca Raton facility and will conduct an annual compensation analysis during the term of the conciliation agreement.

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/.

OFCCP recently launched the Class Member Locator. The purpose of the CML is to identify applicants and/or workers who have been impacted by OFCCP’s compliance evaluations and complaint investigations and who may be entitled to monetary relief and/or consideration for job placement.  If you are a woman and you are or were employed in an Operational Leadership Exempt job at LexisNexis in Boca Raton, Florida, or at the company’s facility in Alpharetta, Georgia, on December 31, 2012, please visit our website at  http://www.dol.gov/ofccp/CML/index.htm, where you can also find information about other recent OFCCP settlements, or call 855-216-0427.