BALTIMORE — A Baltimore staffing agency for federal contractors allegedly hired Hispanic construction laborers, and then harassed and discriminated against them. It also allowed supervisors of other federal contractors to assault them physically, make racial slurs, and threaten them with deportation. The allegations were made in a lawsuit filed by the U.S. Department of Labor's Office of Federal Contract Compliance Programs.

The suit also alleges that WMS Solutions LLC discriminated against non-Hispanic applicants, intentionally paid female workers less per hour than males and assigned fewer work hours to African American, Caucasian and female laborers.

The department alleges that since at least Feb. 1, 2011, WMS favored hiring Hispanic laborers, and that company managers knowingly permitted abusive practices by supervisors at their work sites. In addition to physical and verbal abuse and harassment, supervisors intimidated laborers with videos of detained and deported Hispanic workers. Despite knowing of the illegal harassment, WMS managers took no action to stop it.

"WMS allowed workers it hired to be exploited and abused. It denied job opportunities to qualified workers based on race and ethnicity. It underpaid female workers and assigned fewer work hours based on race and gender," said OFCCP Director Patricia A. Shiu. "We have taken action on behalf of these workers. OFCCP is prepared to use every tool at its disposal to ensure that no federal contractors and subcontractors engage in discrimination or harassment."

OFCCP discovered the company's discriminatory practices in its review to determine WMS' compliance with Executive Order 11246. The order prohibits federal contractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin. OFCCP filed its complaint with the department's Office of Administrative Law Judges after it did not secure an agreement from WMS to pay back wages and interest to the affected workers; extend job offers to the rejected applicants; and provide a working environment for its employees free of harassment, intimidation and coercion.

WMS is a Baltimore-based company specializing in asbestos removal and demolition. The company provides laborers to federal contractors performing construction work on projects in the Washington, D.C., area. At the time that the alleged discrimination and harassment occurred, the company held federal construction subcontracts totaling more than $6 million for projects involving the General Services Administration, National Institutes of Health and U.S. Department of the Navy.

OFCCP enforces Executive Order 11246, the Vietnam Era Veterans' Readjustment Assistance Act and Section 503 of the Rehabilitation Act of 1973. As amended, these three laws prohibit those doing business with the federal government, both contractors and subcontractors, from discriminating in employment on the basis of sex, race, color, religion, national origin, sexual orientation, gender identity, disability or status as a protected veteran. For general information, call OFCCP's toll-free helpline at 800-397-6251 or visit its website at http://www.dol.gov/ofccp/.

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Perez v. WMS Solutions LLC Docket Number: 2015-OFC-00009

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AIKEN, S.C. — Savannah River Nuclear Solutions will pay $234,895 and review its personnel policies to resolve allegations of systemic pay discrimination at its site in Aiken. A compliance review by the U.S. Department of Labor's Office of Federal Contract Compliance Programs found that the management company for the Savannah River nuclear site discriminated against women in some engineering, technical and administrative positions. The review also determined that African Americans were underpaid in certain operation specialist positions.

"Workers often don't know how their pay compares with that of their colleagues, so discrimination like this can go undetected. That's why OFCCP's ability to conduct audits of contractors' pay practices is critical to closing pay gaps based on race and gender," said OFCCP Director Patricia A. Shiu, who represents the department on President Obama's National Equal Pay Enforcement Task Force.

OFCCP investigators determined that from 2009 to 2010, Savannah River paid 57 female employees less than their male counterparts, and 15 African American employees less than their white counterparts. The agency found a statistically significant difference in pay even after taking into account legitimate factors affecting pay. The company denied liability, but entered into a conciliation agreement to resolve the alleged violations.

"Women and African Americans are underrepresented in the science, technology, engineering and mathematics professions. It is disturbing that at Savannah River, we found that many were employed in a STEM job, but were paid less than male or white counterparts because of discrimination," said OFCCP Southeast Regional Director Samuel Maiden.

Executive Order 11246 mandates that federal contractors must not discriminate in pay or other compensation on the basis of sex or race. Savannah River is a federal contractor.

In addition to back pay, the company will evaluate whether promotion decisions, performance evaluation ratings, procedures for assigning work, training opportunities, leave policies, assigning applicants to jobs, and limiting job transfers have a negative effect on compensation of women and African Americans.

Savannah River will also develop new policies to eliminate practices that affect compensation of women and African Americans adversely. The company will conduct an annual compensation analysis during the term of the conciliation agreement. If the analysis shows systemic race- or gender-based pay disparities, Savannah will increase the salaries of women and African Americans.

A partnership of Fluor Corp., Honeywell International Inc. and Newport News Nuclear Inc., Savannah River Nuclear Solutions has a contract to maintain and operate the Savannah River site, a nuclear reservation built in the 1950s. It is the only source for new tritium gas for the U.S. nuclear weapons stockpile and the corporate laboratory for the U.S. Department of Energy's environmental management work, which includes nuclear material disposition, waste management and environmental cleanup. Obligated contract amounts range from $2.5 billion in 2009 to $948 million in 2014 and more than $500 million in 2015.

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. As amended, these three laws require those doing business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran.

HUNTSVILLE, Ala. — Oral Arts Laboratory Inc., a dental lab and manufacturer, will pay $115,000 to resolve allegations of systemic hiring discrimination at its Huntsville corporate headquarters. A compliance review by the U.S. Department of Labor's Office of Federal Contract Compliance Programs found that the federal contractor discriminated against 83 women and 19 African Americans who were denied dental lab technician positions, as well as 57 men who were rejected for shipping positions. Under the agreement, Oral Arts will extend job offers to at least 19 of the original class members as positions become available.

"This agreement underscores the notion that federal contractors, like Oral Arts, should closely examine their employment policies and practices to identify and eliminate unfair barriers to equal opportunity," said OFCCP Director Patricia A. Shiu.

OFCCP investigators found that, from November 2011 to November 2013, Oral Arts used a dexterity test in the selection process for dental lab technicians. This test was used even though it was not supported by a validation study that satisfies the requirements of the Uniform Guidelines on Employee Selection Procedures.

The investigation also uncovered that the company stereotyped shipping positions as female jobs and rejected male applicants. The agency concluded that Oral Arts' hiring process systematically discriminated against women, men and African-American applicants, a violation of Executive Order 11246, which prohibits federal contractors from discriminating in employment on the basis of race or sex. The company has ceased using the tests and revised its selection process to ensure equal opportunity for all applicants.

Oral Arts is a manufacturer of dental prostheses, orthodontic appliances, fixed and removable implants and dentures. A family owned and operated dental lab, Oral Arts in 2014 held more than $2 million in federal contracts with the U.S. Department of Veterans Affairs.

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. As amended, these laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability, sexual orientation, gender identity, or status as a protected veteran.

DALLAS — Following an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs, Aramark Education Services LLC has entered into a conciliation agreement to resolve claims of systemic hiring discrimination. OFCCP found that the contractor discriminated against 335 male and African-American applicants for food service worker positions with Aramark, a federal contractor in Lubbock.

"There are no such things as 'women's work' and 'men's work.' There is only work, and federal contractors are well aware of their obligation to provide equal opportunities to all employees and job applicants," said OFCCP Director Patricia Shiu. "This settlement is a reminder that it is up to the employee or job applicant to decide which positions to pursue, whatever their reasons. A contractor may only evaluate whether or not an individual has the ability to do the job."

The agreement concludes an investigation from Aug. 16, 2008 through Aug. 16, 2010, by OFCCP that Aramark failed to comply with Executive Order 11246, which prohibits race and sex discrimination by federal contractors that do business with the government. Under the agreement, Aramark will pay $165,000 in back wages, interest, and benefits to the affected class members. The company, while not admitting liability, will also make 53 job offers to original applicants as positions become available. Finally, the company will review and revise its selection process and provide better training to its hiring managers to eliminate practices that result in gender and race stereotyping.

Headquartered in Philadelphia, Aramark and its subsidiaries received more than $36 million in federal contracts during the course of the OFCCP investigation, to provide its services and products to multiple federal departments and agencies including the Department of the Army, Department of the Air Force, Department of the Navy, Department of Veterans Affairs and the U.S. Citizenship and Immigration Services.

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. As amended, these three 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. 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 (CML). 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 applied between 2008 and 2010, the period of the investigation, please visit our website at: http://www.dol.gov/ofccp/CML/index.htm, where you can also find information about other recent OFCCP settlements.

HYRUM, Utah — JBS USA systematically discriminated against qualified female, Caucasian, African American and Native American applicants seeking entry-level jobs at its beef-processing plant in Hyrum, a lawsuit by the U.S. Department of Labor's Office of Federal Contract Compliance Programs alleged. Filed with the department's Office of Administrative Law Judges, the complaint followed an OFCCP investigation, which also found JBS failed to perform in-depth analyses of its employment processes to determine if impediments to equal employment opportunity existed, as required in JBS's federal contracts and by OFCCP regulations.

OFCCP's review of the facility's compliance with Executive Order 11246, which prohibits federal contractors from discriminating against job applicants on the basis of sex, race or national origin, found that in 2005 and 2006, the facility's selection criteria were inconsistently applied. Investigators determined that the hiring process unfairly discriminated against women who applied for jobs as laborers. OFCCP also found that in 2008 and 2009, the company discriminated against Caucasians, African Americans and Native Americans who applied for these positions.

"JBS Chairman Wesley Batista proudly notes that the company his father started in Brazil nearly half a century ago is a leader in quality and a leader in service," said OFCCP Director Patricia A. Shiu. "However, to do business with the U.S. government, you must be a leader in equal opportunity, too. OFCCP will use every tool available to us, including canceling a company's federal contracts if necessary, to ensure workers are treated fairly."

Based in Greeley, Colorado, JBS USA is a wholly owned subsidiary of Brazilian meat-processing giant JBS S.A. in São Paulo. In July 2007, JBS purchased Swift and Co., previous owner of the Hyrum plant. From 2005 to 2009, JBS and Swift collectively received more than $140 million in federal contracts as providers of meat, poultry and seafood to agencies, such as the departments of Defense 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. Collectively, these three laws >require contractors and subcontractors that do business with the federal government to prohibit discrimination and ensure equal opportunity in employment on the basis of race, color, religion, national origin, sex, disability and status as a protected veteran. 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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OFCCP v. JBS USA Holdings Inc., et al Case Number: 2015-OFC-00001

FLORENCE, Ala. — The U.S. Department of Labor's Office of Federal Contract Compliance Programs has entered into an agreement with federal contractor Hillshire Brands Co., formerly Sara Lee Food & Beverage, to resolve claims of systemic hiring discrimination. The settlement follows an investigation by OFCCP that determined Hillshire violated Executive Order 11246 by discriminating against 2,474 men who applied for semiskilled machine operator jobs at the company's sandwich production plant in Florence.

OFCCP investigators found that these men were steered into dumper/stacker jobs, whereas women were generally steered into biscuit assembler jobs, despite the fact that both positions required the same qualifications. During a 20-month review period from 2009 to 2010, 98 percent of applicants selected for biscuit assembler positions were women, and 99 percent of applicants selected for dumper/stacker positions were men. Because there were fewer dumper/stacker positions available, the result was a significant hiring disparity for male applicants.

"There's nothing particularly feminine about assembling a breakfast sandwich," said OFCCP Director Patricia A. Shiu. "Stereotypes about 'women's work' and 'men's work' become harmful when they stand between qualified workers and good job opportunities."

Under the terms of the conciliation agreement, Hillshire will pay $330,000 in back wages, interest and benefits to the rejected male applicants. The company will also make 73 job offers to the original class members as positions become available. Finally, the company will review and revise its selection process and provide better training to its hiring managers to eliminate practices that result in gender stereotyping.

During the review period, the Sara Lee Corp., then parent company of the Florence plant, received more than $14 million in federal contracts to distribute its products to the Defense Commissary Agency. In 2012, the facility became a subsidiary of Hillshire Brands, a Chicago-based food company that produces meat products under brand names, such as Aidells, Ball Park, Gallo Salame, Golden Island Jerky, Jimmy Dean and State Fair. On Aug. 28, 2014, the Hillshire Brands Co. merged with Tyson Foods Inc., creating a single company with more than $40 billion in annual sales.

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 three laws require those who do business with the federal government, contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.

Agreement includes $537K for 102 female applicants

BUCYRUS, Ohio — GE Lighting LLC has agreed to settle allegations of hiring discrimination following an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs. Under the terms of the agreement, the federal contractor will pay $537,000 in back wages and interest to 102 women who were rejected for entry-level attendant positions at the company's Bucyrus facility. GE Lighting will also extend job offers to at least five of the original class members as positions become available.

"I am pleased that we were able to work out a fair and mutually agreeable resolution with GE Lighting," said OFCCP Director Patricia A. Shiu. "The time is always right to shine a light on any and all barriers to equal opportunity in the workplace, and I encourage women who were previously denied jobs at GE's Bucyrus location to reconsider, secure in the knowledge that they will get a fair shake going forward."

During a scheduled compliance review, OFCCP investigators found that GE Lighting used the WorkKeys test as part of its selection process, even though it was not properly supported by a validation study that satisfies the requirements of the "Uniform Guidelines on Employee Selection Procedures." The agency concluded that GE Lighting's hiring process systematically discriminated against female applicants, a violation of Executive Order 11246, which prohibits federal contractors from discriminating in employment on the basis of sex. GE Lighting has already ceased using the WorkKeys test, revised its selection process to ensure equal opportunity for all applicants and invited women to reapply under the revised hiring procedures. It has also extended one of the five job offers.

GE Lighting is a subsidiary of the Fairfield, Connecticut-based General Electric Co. In the past two years, GE Lighting held more than $1.8 billion in federal contracts to provide machines and equipment to the Air Force, Navy, Army and Defense Logistics Agency.

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 three laws require that those who do business with the federal government, both contractors and subcontractors, follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For more information, visit http://www.dol.gov/ofccp.

SAN ANTONIO — The U.S. Department of Labor's Office of Federal Contract Compliance Programs, U.S. Department of Veterans Affairs, Texas Department of Assistive and Rehabilitative Services, Alamo Area Disability Alliance and Workforce Solutions Alamo are sponsoring two events May 29 to encourage diversity in hiring. The AHEAD: Alliances Helping Employers Achieve Diversity Symposium and Job Fair will be held at the Norris Conference Center, 4522 Fredericksburg Road, A18, San Antonio 78201. The symposium will be held from 9 a.m. to 11 a.m. CDT with a job fair to follow from noon to 4 p.m.

"At OFCCP, our job is to protect workers, promote diversity and enforce the laws that require companies with federal contracts to provide equal opportunity in the workplace," said OFCCP Southwest and Rocky Mountain Regional Director Melissa L. Speer. "Events like this, which connect workers with employers, are an important part of ensuring that taxpayer dollars are used to create good job opportunities for all workers."

On March 24, OFCCP's new rules updating the regulations under Section 503 of the Rehabilitation Act and the Vietnam Era Veterans' Readjustment Assistance Act went into effect. These revised regulations strengthen the nondiscrimination and affirmative action requirements of federal contractors with respect to improving job opportunities for protected veterans and qualified workers with disabilities. The symposium will highlight the new rules and will include speakers from the hosting agencies as well as a video message from Rep. Henry Cuellar.

The sponsoring organizations share the common goal of promoting and ensuring equal opportunity for all individuals, including veterans and individuals with disabilities. AHEAD's objective is to unite employers with job-seeking veterans and individuals with disabilities, while helping employers achieve diversity in their workforce. This is the second annual AHEAD Symposium and Job Fair. Approximately 85 local businesses will participate, including private employers and government contractors.

Employers interested in participating in the Symposium and Job Fair can register at http://conta.cc/1mt7wjQ. Both events are free and open to the public. Registration is not required for job seekers. For general questions regarding the Symposium and Job Fair, contact Patricia Benavides at 210-472-5835, ext. 233, or at benavides.patricia@dol.gov.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. Additional information is available at http://www.dol.gov/ofccp.

Company will pay $275,000 in back wages and interest to 195 female and black applicants

NEW ORLEANS — The U.S. Department of Labor's Office of Federal Contract Compliance Programs announced today that Central Parking System of Louisiana Inc. has agreed to pay $275,000 in back wages and interest to settle allegations of placement and hiring discrimination affecting 104 women and 91 African Americans who were rejected as valets at the company's New Orleans location.

"I am pleased with this settlement, which reflects a mutual commitment between the department and Central Parking to ensure that all workers have a fair shot at competing for good jobs," said OFCCP Southwest and Rocky Mountain Regional Director Melissa L. Speer. "Outdated notions about race and gender don't belong in any workplace, even when those workplaces are parking garages."

An OFCCP investigation found that qualified African Americans, who applied for jobs as valets between 2007 and 2009, were hired at a significantly lower rate than similarly situated applicants of other races. Simultaneously, qualified women who applied for these positions were steered into cashier positions, which do not earn tips, leading to lower earnings compared with men hired into the valet positions. These hiring and placement practices violate Executive Order 11246, which prohibits federal contractors such as Central Parking from discriminating in employment based on race and gender.

Under the terms of its conciliation agreement with OFCCP, the company will pay $100,000 in back wages and interest to the female class members and $175,000 to the affected African American applicants. Central Parking has agreed to place 65 of the women and hire 27 of the African Americans into valet positions, with retroactive seniority and benefits for the new hires, as positions become available. The company will undertake extensive self-monitoring measures to ensure that its personnel practices, including record keeping, comply with the law.

Central Parking provides parking services and facilities for numerous federal agencies. During the two-year period reviewed in this investigation, the company received more than $3.2 million in federal contracts. In October 2012, Chicago-based Standard Parking Corp. purchased the company.

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 three laws require that those who do business with the federal government, both contractors and subcontractors, must follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For more information, visit http://www.dol.gov/ofccp/.

NEW YORK — The U.S. Department of Labor's Office of Federal Contract Compliance Programs today announced that federal contractor Parsons Brinckerhoff agreed to settle allegations of hiring discrimination on the basis of race and ethnicity involving 247 job applicants who were rejected for assistant engineer positions at the company's New York City headquarters. The affected class comprises 152 Asian American, 51 Hispanic, 29 African American, 3 Native American and 12 mixed race applicants.

"Parsons Brinckerhoff has a long, rich history of managing federal projects that have a significant impact on the lives of those who live and work in the communities where they are located," said OFCCP Director Patricia A. Shiu. "That makes it especially important for this company to meet its legal obligations to provide workers with a fair shot at employment and live up to company President and CEO George J. Pierson's stated commitment to build a 'firm that values diversity in our workforce and welcomes new talent and experienced professionals with the same enthusiasm.'"

During a scheduled compliance review, OFCCP investigators determined that Parsons Brinckerhoff violated Executive Order 11246 between 2010 and 2012 by using a hiring process that resulted in systemic discrimination. The agency found that Parsons Brinckerhoff did not follow its own written hiring policies and failed to use a consistent selection process for screening, interviewing and selecting assistant engineers. As a result, zero minorities were hired as assistant engineers during the review period.

Parsons Brinckerhoff is a global consulting firm responsible for designing, building, operating and maintaining important landmarks, such as the African Burial Ground National Monument in Manhattan. During the past three years, the company has received more than $2.1 million in taxpayer-funded contracts from the U.S. Department of the Army, Federal Highway Administration, National Park Service, Smithsonian Institution and Public Buildings Service.

Under the terms of the conciliation agreement signed by both parties, the contractor will pay $188,043 in back wages and interest to the affected job seekers and will offer assistant engineer positions and retroactive seniority to at least four class members as positions become available. Additionally, the company will revise its selection policies and procedures to ensure equal employment opportunities for all future applicants.

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 three laws require that those who do business with the federal government, both contractors and subcontractors, must follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For more information, visit http://dol.gov/ofccp/.