SAINT ROSE, La. – A routine investigation by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs found that Southern Glazer’s Wine and Spirits of Louisiana, LLC, systemically discriminated against black applicants in its hiring practices at its St. Rose warehouse facility. The company has entered into a consent decree to resolve the department’s claims.

An OFCCP compliance review found that, from January 2008 to January 2009, the federal contractor discriminated against 467 black applicants for warehouse worker positions in violation of Executive Order 11246. OFCCP also found that the company failed to keep complete and accurate employment records and failed to evaluate its selection procedures as required by law.  

Southern Glazer’s Wine and Spirits of Louisiana is a wholesale distributor of spirits, wines and malt beverages. The company has contracts with the Army & Air Force Exchange Service.

“When contractors accept federal funds, they agree to comply with anti-discrimination laws,” said OFCCP Acting Director Thomas M. Dowd. “This consent decree with Southern Glazer’s highlights our commitment to enforcing those laws through voluntary compliance.”

While not admitting liability, Southern Glazer’s Wine and Spirits of Louisiana has agreed to pay $175,000 in back wages and interest to the 467 affected class members and to extend 13 job offers. A judge in the Office of Administrative Law Judges has entered an order adopting the consent decree. 

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 black jobseeker who applied for work as a warehouse worker at Southern Glazer’s St. Rose warehouse facility from January 2008 to January 2009, 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 855-680-0971.

SAN FRANCISCO – The U.S. Department of Labor has filed a lawsuit to require Google Inc. to provide requested compensation data and documents for the multinational company’s Mountain View headquarters as part of a routine compliance evaluation.

The Office of Federal Contract Compliance Programs asked the technology giant to submit information in September 2015 about its equal opportunity program and to provide supporting documents as part of a scheduled compliance review. As a federal contractor, Google must agree to permit the federal government to inspect and copy records and information relevant to its compliance with the equal employment laws administered by OFCCP.

Filed with the department’s Office of Administrative Law Judges, the lawsuit seeks to enforce Google’s obligations to provide OFCCP with compensation data, documents and requested information to complete its audit. Federal contractors are scheduled for routine audits through a neutral selection process. The lawsuit seeks an order requiring Google to cooperate fully with the scheduled compliance review and to meet the requirements of all laws enforced by the agency. If the company fails to comply, the department asks the court to cancel all of Google’s current government contracts and to debar the company from entering into future contracts.        

“Like other federal contractors, Google has a legal obligation to provide relevant information requested in the course of a routine compliance evaluation,” said OFCCP Acting Director Thomas M. Dowd. “Despite many opportunities to produce this information voluntarily, Google has refused to do so. We filed this lawsuit so we can obtain the information we need to complete our evaluation.” 

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/.

The full complaint can be viewed here.

FREMONT, Neb. – Hormel Foods Corp. has agreed to hire 37 women with retroactive seniority and pay $550,000 in back wages to 403 female job applicants denied entry-level production positions at its Fremont hog-processing facility. The global food manufacturer’s action resolves U.S. Department of Labor findings that the company – a large federal contractor – discriminated in hiring against women in violation of Executive Order 11246.

The department’s Office of Federal Contract Compliance Programs found Hormel’s selection practices discriminated against qualified female applicants for production positions from February 2008 to February 2009. In a scheduled compliance review, OFCCP also found that the company failed to keep required records related to its hiring practices. While not admitting liability, Hormel agreed to a settlement resolving these findings.

“When contractors accept federal funds, they agree to comply with federal anti-discrimination laws,” said OFCCP Acting Director Thomas M. Dowd.  “This voluntary settlement ensures Hormel’s compliance and provides a remedy for the affected applicants.”

A previous review of Jennie-O Turkey Stores, Inc., a wholly owned subsidiary of Hormel Foods, resulted in a settlement on June 15, 2016 in which Jennie-O agreed to hire 53 women and pay $491,861 in back wages to 339 female applicants denied entry-level jobs at its Willmar, Minnesota, turkey processing plant.

Since the current review began, Hormel and its subsidiaries have received federal contracts as a food supplier to the U.S. departments of Agriculture and Defense. The company produces meat and poultry items – including frozen, refrigerated and shelf-stable products – distributed throughout the country. The Fremont facility processes hogs for various Hormel products.

Based in Austin, Minnesota, Hormel Foods Corp. is a multinational manufacturer and marketer of food and meat products for consumers globally. The company has 14 main manufacturing facilities in the U.S. and 20,000 employees worldwide. Its subsidiaries’ products are sold under the Applegate, Cytosport, Dan’s Prize, Farmer John, Hormel Foods International, Jennie-O and MegaMax Foods brands.

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 think you may be a class member who applied to Hormel’s Fremont facility between February 2008 and February 2009, 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 877-716-9783.

Date of Action: Dec. 9, 2016

Type of Action: Lawsuit filed with the U.S. Department of Labor’s Office of Administrative Law Judges 

Defendant(s): JBS USA Lux S.A.
Swift Beef Co.

Allegations: The U.S. Department of Labor alleges that JBS USA Lux S.A. and Swift Beef Co. have systematically discriminated against qualified American Indian/Alaskan Native, African-American, Hispanic, and Caucasian applicants, while favoring Asian applicants, for general production jobs at their beef processing plant in Cactus, Texas, from at least September 2007 through at least June 2010. The complaint further alleges that the discrimination may continue to the present. The full complaint can be viewed here.

Background: A compliance review by the department’s Office of Federal Contract Compliance Programs found that the Texas facility violated Executive Order 11246, which prohibits federal contractors from discriminating against job applicants on the basis of race or national origin.

This is the second lawsuit OFCCP has filed with the department’s OALJ against the company. The first complaint – filed on Dec. 1, 2014, – alleges that JBS’s Hyrum, Utah, facility systematically discriminated against qualified female, Caucasian, African-American and Native American applicants seeking entry-level jobs at its beef processing plant there.

JBS USA Lux S.A. (a Luxembourg Société Anonyme) and Swift Beef Co. (a Delaware corporation) are wholly owned indirect subsidiaries of Brazilian meat processing industry giant JBS S.A. Since 2007, JBS companies have collectively received millions in federal contracts as providers of meat products to federal agencies, such as the departments of Defense and Agriculture.

Resolution: The department seeks an order requiring the defendants to provide complete relief to the affected applicants, including hiring some into general production jobs and paying back pay and interest. The department also seeks an order permanently prohibiting the defendants from violating the Executive Order, canceling all of the defendants’ federal contracts and debarring the defendants from entering into future federal contracts unless they come into compliance with the Executive Order and remedy their prior violations.

Quote: “JBS and its subsidiaries are required to comply with anti-discrimination laws that apply to federal contractors,” said Office of Federal Contract Compliance Programs’ Acting Director Thomas M. Dowd. “We have filed this lawsuit to enforce those requirements.”

Docket Number: 2017-OFC-2

Information: 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/.

MINNEAPOLIS – One of the nation’s leading financial planning companies discriminated in pay against black employees, an investigation by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs has found.

While not admitting liability, Ameriprise Financial, Inc. has agreed to pay a total of $128,200 in back wages and interest to 20 black employees in unlicensed service professional positions, after an OFCCP compliance review found the company violated Executive Order 11246 by paying black employees who processed routine account service requests less than their similarly situated white counterparts.

“It is unlawful for federal contractors to discriminate in pay on the basis of race,” said Acting OFCCP Director Thomas Dowd. “Through this settlement the affected workers in this case will be compensated for their losses.”

At the time of the compliance evaluation, the company under review was known as Ameriprise Bank, FSB, which subsequently reorganized as Ameriprise National Trust Bank and is now known as Ameriprise Financial, Inc. With a nationwide network of 10,000 financial advisors, the company currently offers asset management, advisory and insurance services. The client service delivery unit provides services and transaction processing for advisors and clients. Ameriprise Financial, Inc. is based in Minneapolis.

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 a portion of monetary relief and/or consideration for job placement. If you think you may be a class member who worked in an unlicensed service professional position between Feb. 19, 2013 and Feb. 18, 2014 at Ameriprise Financial, Inc. reporting to Minneapolis, 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 877-716-9783.

WASHINGTON – International development company and federal contractor Chemonics International Inc. has agreed to pay $482,243 in back wages, interest and benefits to 124 African-American applicants. The agreement settles U.S. Department of Labor findings that the company discriminated on the basis of race in hiring for its professional entry-level program.

The company has entered into a conciliation agreement with the department’s Office of Federal Contract Compliance Programs to resolve this and several other identified violations of Executive Order 11246, including its failure to maintain required records and conduct internal audits.

“Winning federal contracts, paid for with U.S. taxpayer dollars, is a privilege, not a right. With that privilege comes the obligation to practice equal employment opportunity towards all demographic groups of workers in this country,” said OFCCP Director Patricia A. Shiu. “I am pleased Chemonics has agreed to take the steps needed to correct the problems we uncovered in its hiring process.”

During a scheduled compliance review, OFCCP investigators discovered that Chemonics utilized a hiring process that denied equal employment opportunity to qualified African-American applicants for professional positions that support the company’s international economic development projects. Of the 124 African Americans who applied to the company’s program for entry-level professionals during the review period, not a single one was hired.

In addition to paying the monetary settlement, the company, while denying liability, will hire eight of the applicants who were denied jobs, and has agreed to implement an auditing system to monitor all personnel activity and to preserve employment records required by law.

Chemonics International contracts with the U.S. Agency for International Development to support economic development projects around the globe in areas such as education, health care, and agriculture.

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 a portion of monetary relief and/or consideration for job placement under an OFCCP conciliation agreement.  If you think you may be a class member who applied for an Associate A position with Chemonics International Inc. between Jan. 1 and Dec. 31, 2011, please visit our website at: http://www.dol.gov/ofccp/CML/index.htm , where you can also find information about other recent OFCCP settlements.

DALLAS – The U.S. Department of Labor has settled allegations of systemic hiring discrimination by one of the world’s largest food processing companies at six of its locations in Texas, Arkansas and New Mexico after an investigation by the department’s Office of Federal Contract Compliance Programs.

While not admitting liability, Tyson Foods, Inc., has agreed to pay $1.6 million in back wages, interest and benefits to 5,716 applicants rejected for laborer jobs from 2007 to 2010 at its facilities in Amarillo, Houston and Sherman, Texas; Rogers and Russellville, Arkansas; and Santa Theresa, New Mexico. The company has also agreed to extend job offers to 474 of the affected workers as positions become available, and to revise its hiring and training practices.

The department’s Office of Federal Contract Compliance Programs found that Tyson’s hiring processes and selection procedures at the six facilities violated Executive Order 11246 by discriminating on the bases of sex, race and/or ethnicity. 

“Federal contractors are obligated to give every applicant a fair and equal shot at competing for good jobs,” said OFCCP Director Patricia Shiu. “Tyson has agreed to fully cooperate to remedy past violations and ensure its selection practices at these facilities are in full compliance with the law. Together, we can achieve the common goal of equal employment opportunities for all employees and applicants." 

Tyson Foods supplies retail and food service to customers throughout the U.S. and approximately 130 countries. With more than $15 million in federal contracts with the U.S. Department of Agriculture, the company supplies the federal government with meat products, including chicken, beef and pork. 

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 a portion of monetary relief and/or consideration for job placement. If you applied for a laborer job between 2007 and 2010 at one or more of the Tyson facilities identified above and were not hired, you may be entitled to some relief under this conciliation agreement. Please visit OFCCP’s Class Member Locator (www.dol.gov/ofccp/CML/index.htm), which identifies applicants and/or workers who may be entitled to a portion of monetary relief and/or consideration for job placement. You can also find more information about OFCCP settlements by calling 844-438-0272.

Editor’s Note: A previous version of this release contained incorrect date ranges for the period when the applicants were rejected.

BOSTON – A federal contractor that manufactures “Lightolier” brand indoor and outdoor lighting fixtures has entered into a conciliation agreement with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to resolve allegations of sex-based wage discrimination.

The Genlyte Thomas Group, LLC, entered into the agreement after an OFCCP compliance review found that the company discriminated against 51 female professionals at its Fall River headquarters and other U.S. locations by paying them less than similarly situated males in the company.

OFCCP found Genlyte failed to compensate women workers in various manager and sales positions at the same rate as comparable male employees since at least December 2012 through December 31, 2013. Executive Order 11246 prohibits federal contractors from discriminating in rates of pay or other forms of compensation.

While not admitting liability, Genlyte has agreed to pay affected female workers a total of $275,000 in lost wages and interest, and assure that it affords all employees equal employment opportunities.

“Federal contractors have an obligation to ensure that their compensation practices and policies are free of all forms of discrimination,” said OFCCP Director Patricia Shiu. “Our nation’s taxpayers deserve to know that companies entrusted with public funds are providing equal pay for equal work regardless of gender.”

In addition, Genlyte has agreed to:

• Evaluate starting salaries and salary increases to determine if they have had a disproportionately negative effect on compensation of female employees.
• Implement improved policies to eliminate such adverse effects. 
• Develop and improve its existing guidelines for determining starting compensation.
• Train all individuals involved in determining compensation and monitor its program.
• Ensure compensation practices comply with federal law.

The OFCCP’s Buffalo Area Office conducted the investigation, with legal support from the Boston Regional Office of the Solicitor.

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 discharging or 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/.

BOSTON – The U.S. Department of Labor has filed a lawsuit with the department’s Office of Administrative Law Judges alleging a Massachusetts technology manufacturer engaged in discriminatory pay practices against female assembly workers at its Peabody headquarters.

A compliance review by the department’s Office of Federal Contract Compliance Programs found that Analogic Corporation’s compensation policies resulted in systemic discrimination against women employed in Assembler 2 and Assembler 3 positions, in violation of Executive Order 11246. Analogic paid female employees in those positions less than comparable males employed in those positions. The pay disparity remained after adjusting for differences in legitimate, pay-determining factors.

“Our investigation found that Analogic knew or should have known that its total compensation policies discriminated against female assemblers on the basis of gender,” said OFCCP Director Patricia A. Shiu. “Federal contractors must ensure taxpayer money never funds employment discrimination. Analogic’s failure is unacceptable, and our action today should serve to remind other federal contractors that we will aggressively pursue compensation discrimination cases.”

The suit also asks that Analogic be ordered to:

• Modify its compensation system to eliminate compensation disparities between males and females in the Assembler 2 and Assembler 3 positions.
• Provide back pay, interest, front pay, salary adjustments, fringe benefits, seniority and other benefits to the affected female workers.
• Train all employees involved in the company’s compensation process regarding its non-discrimination obligations as a federal contractor.
• Perform an in-depth analysis annually of its total employment process to determine whether and where impediments to equal employment opportunity exist.
• Develop an internal auditing and reporting system to measure the effectiveness of its affirmative action program.

In the event that – following a favorable ruling on its claims – Analogic fails to provide relief to the affected employees, the department is asking the court to cancel all of Analogic’s government contracts and to debar Analogic from receiving future government contracts until it satisfies the Secretary of Labor that its personnel and employment policies comply with Executive Order 11246.

Analogic designs and manufactures guidance, diagnostic imaging and threat detection technologies. The company holds contracts and performs work for such federal agencies as the National Institutes of Health, U.S Department of Veterans Affairs, Food and Drug Administration and Defense Health Agency. It has approximately 1,500 employees worldwide, including about 900 at the Peabody location.

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/.

PALO ALTO – The U.S. Department of Labor has filed a lawsuit charging that Palantir Technologies, a Palo Alto technology company, discriminated systematically against Asian job applicants in its hiring process and selection procedures.

Filed with the department’s Office of Administrative Law Judges, the lawsuit seeks to end the company’s alleged discriminatory hiring policies and practices. Palantir provides software and data analysis services under federal contract to the U.S. Department of Justice’s Federal Bureau of Investigation, the U.S. Special Operations Command and the U.S. Department of the Army.

The suit also seeks complete relief for the affected class, including lost wages, interest, retroactive seniority and all other lost benefits of employment. The department filed the complaint after the department and Palantir were unable to resolve the findings through the conciliation process.

The suit follows a compliance review by the department’s Office of Federal Contract Compliance Programs, which found that from January 2010 to the present, Palantir violated Executive Order 11246 by:

• Using a hiring process and selection procedures that discriminated against Asian applicants for software engineering positions on the basis of their race.
• Maintaining a hiring process in which Asian applicants were routinely eliminated in the resume screen and telephone interview phases despite being as qualified as white applicants.
• Hiring a majority of applicants from a discriminatory employee referral system. The overwhelming preference for referrals, combined with the contractor’s failure to ensure equal employment opportunity for all applicants without regard to race, resulted in discrimination against Asian applicants.  

“Federal contractors have an obligation to ensure that their hiring practices and policies are free of all forms of discrimination,” said OFCCP Director Patricia Shiu. “Our nation’s taxpayers deserve to know that companies employed with public funds are providing equal opportunity for job seekers.”

The full complaint can be viewed here.

If Palantir fails to provide relief as ordered, OFCCP requests the cancellation of all of the company’s government contracts and debarment from entering into future federal contracts.

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/.