SAN FRANCISCO – The U.S. Department of Labor and LinkedIn Corp. have entered into a conciliation agreement to resolve allegations of systemic, gender-based pay discrimination by the operator of employment-oriented websites and mobile apps at its San Francisco and Sunnyvale, California, facilities.

A routine Office of Federal Contract Compliance Programs’ compliance evaluation found that – from March 1, 2015, through March 1, 2017 – LinkedIn failed to comply with Executive Order 11246. Specifically, OFCCP alleged that the employer did not provide equal pay to the affected female workers in positions in its Engineering and Marketing job family groups in San Francisco, and its Engineering and Product job family groups in Sunnyvale.

Under the terms of the agreement, LinkedIn will do the following:

• Pay $1.8 million in back wages and interest to the affected workers.
• Conduct a staff training program to ensure compliance with LinkedIn’s non-discrimination obligations.
• Evaluate – for the next 3 years – whether the company’s compensation is gender-neutral and make salary adjustments if not. LinkedIn will also revise its compensation policies and practices and agreed to monitoring and reporting to ensure compliance with federal contract obligations.

“Our agreement with LinkedIn Corp. resolves alleged pay discrimination that denied 686 female workers at the company’s San Francisco and Sunnyvale locations their full wages,” explained Office of Federal Contract Compliance Programs Regional Director Jane Suhr in San Francisco. “In addition to recovering $1.8 million in back wages and interest for these workers, our agreement will ensure that LinkedIn better understands its obligations as a federal contractor and complies in the future.”

Current or former LinkedIn workers who believe they may be owed compensation for the 2015-2017 review period in Sunnyvale or San Francisco can learn more about OFCCP’s agreement. The site also provides information about other recent OFCCP settlements. Learn more about OFCCP.

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 authorities, 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, federal contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities.

WASHINGTON – During an online roundtable today held by the U.S. Department of Labor and the U.S. Equal Employment Opportunity Commission, panelists discussed challenges workers face as they reenter the workforce after periods of unemployment.

The “Untapped Potential: Reimagining Equity for Workers with Gaps in Employment History” roundtable is part of the Hiring Initiative to Reimagine Equity initiative, a joint effort by the department’s Office of Federal Contract Compliance Programs and the EEOC. Panelists included Office of Federal Contract Compliance Programs Director, Jenny R. Yang; Equal Employment Opportunity Commission Chair, Charlotte A. Burrows; Chair of the Board of Trustees at the Bazelon Center for Mental Health Law, Eve Hill; President of Mission: Launch, Teresa Y. Hodge; A Better Balance Vice President, Elizabeth Gedmark; and the American Association of Retired Persons’ Senior Advisor for Financial Resilience, Heather Tinsley-Fix.

“As our country makes major investments in our infrastructure, and we rebuild from the pandemic, we have a critical opportunity to ensure everyone has a chance to contribute to America's economy,” said Office of Federal Contract Compliance Programs Director Jenny R. Yang. “At today’s roundtable, we explored the wealth of talent that is often hidden from employers by hiring screens that exclude highly qualified workers simply because of a period of unemployment. We explored key strategies for employers to expand opportunity to good jobs by ensuring job-related criteria is the foundation of the hiring process.”

“Workers who have experienced periods of unemployment are an often-overlooked talent pool with a great deal to contribute to our society, and they can be a serious boon to employers seeking to fulfill today's staffing needs,” said Equal Employment Opportunity Commission Chair Charlotte A. Burrows. “They are diverse, and many are from groups that have been historically marginalized in the workplace or denied opportunity because of discrimination. They are caregivers, older workers, disabled persons and formerly incarcerated community members who offer valuable job skills. Giving equal consideration to all candidates regardless of resume gaps is one-way employers can promote our nation’s values and sustain a diverse, equitable, inclusive and accessible workplace.”

“Almost everything employers ‘know’ about applicants with an employment history gap is wrong,” said Board of Trustees Chair Bazelon Center for Mental Health Law and Partner, Brown, Goldstein & Levy Eve Hill. “It’s time to rethink the assumptions we still carry from the work world of the past, so we can attract the best talent in today’s world.”

“For businesses to grow they will need to attract and retain a diverse talent pool,” said President of Mission: Launch Teresa Y. Hodge. This diversity going forward will include people with gaps in their employment history for various reasons. The opportunity to learn and grow as a person exists both internal and external to the workplace.”

“Workers who have gaps on their resumes due to caregiving or pregnancy should not face discrimination when looking for a new job, especially as the pandemic has forced family members to care for loved ones in the face of unprecedented illness and school closures,” said A Better Balance Vice President Elizabeth Gedmark. “Workers who dropped out, or were pushed out, of the workplace, disproportionately mothers and people of color, deserve a fair shot and to be recognized for the many skills and values learned during their time away from the paid labor market."

“American Association of Retired Persons is pleased to contribute to this effort to break down barriers and build equity for groups of workers that are often overlooked or ignored,” said American Association of Retired Persons’ Senior Advisor Financial Resilience Heather Tinsley-Fix. “Older workers bring high levels of engagement, productivity and soft skills to the table, yet age discrimination remains distressingly common. In 2020, AARP research revealed that 78 percent of workers over 40 had seen or experienced age discrimination at work. Research shows that organizations benefit from a multigenerational workforce, and that age should be part of diversity, equity and inclusion initiatives.”

A recording of today’s roundtable will be available on EEOC’s YouTube channel.

NEW YORK – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has entered into a conciliation agreement with Rockland Bakery Inc. to resolve alleged hiring discrimination at the federal contractor’s Nanuet location affecting female, Black and Asian class members.

An OFCCP compliance review found that – from Jan. 1, 2017, to Dec. 31, 2017 – Rockland Bakery Inc. discriminated against female, Black and Asian applicants who applied to work as cashiers, packers and bakers. The agency found that the company’s practice of relying on a word-of-mouth employee referral and recruitment system contributed to, at least in part, the hiring disparities impacting female, Black and Asian applicants.

The agency determined that the company’s actions violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color, religion, sex, sexual orientation, gender identity or national origin.

“This investigation demonstrates that federal contractors should not rely solely on employee referrals to replace good faith outreach and recruitment, especially when their applicant pools do not resemble the available workforce in the communities they serve,” said Office of Federal Contract Compliance Programs Northeast Regional Director Diana Sen in New York City.

Rockland Bakery also agreed to extend 52 job opportunities to female, Black and Asian applicants, provide training to all company employees involved in hiring decisions, and review and revise its recruitment processes to ensure they are free from discrimination.

View the conciliation agreement.

Rockland Bakery owns two New York bakery facilities in Nanuet and Newburgh. They have a service contract with the U.S. Department of Veterans Affairs, providing baked goods to West Point Academy. The bakery is the preferred vendor for many of the major food service management companies including Aramark, Compass, and Sodexo.

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 require that federal contractors provide equal employment opportunity through affirmative action.

OFCCP launched the Class Member Locator to identify applicants or workers who may be entitled to monetary relief and/or consideration for job placement as a result of OFCCP’s compliance evaluations and complaint investigations. If you think you may be a class member who applied for or was interested in a cashier, packer, or baker position at Rockland Bakery, Inc. during the investigative period, learn more about this and other settlements. Learn more about OFCCP.

MOUNTAINSIDE, NJ – IQVIA Inc., a multinational healthcare services company, will pay $550,000 in back wages and interest to 984 qualified female and Black applicants as part of an agreement with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to resolve alleged hiring discrimination at its Parsippany, New Jersey, facility.

An OFCCP compliance review found evidence that – from April 1, 2017 to March 31, 2018 – IQVIA Inc. discriminated against female and Black applicants who applied to work as associate sales consultants. In a conciliation agreement with the U.S. Department of Labor, IQVIA agreed to ensure that its selection process, personnel practices and hiring policies are free from discrimination, and its internal audit and reporting system meets legal requirements. The agency determined that the company’s actions violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color, religion, sex, sexual orientation, gender identity or national origin.

“Federal contractors who fail to give equal consideration to all applicants – regardless of gender, race or ethnicity – violate the law,” said OFCCP Northeast Regional Director Diana Sen in New York City. “By entering into a federal contract, employers agree to ensure equal opportunity for all workers and compliance with all federal employment laws. The U.S. Department of Labor will act when they fail to do so.”

IQVIA Inc. will also ensure all policies and qualification standards are uniformly applied to all applicants and will train managers, supervisors and other company officials who oversee hiring decisions to ensure its hiring policies and procedures are free from discrimination.

IQVIA Inc. is a provider of biopharmaceutical development and commercial outsourcing services. A subsidiary of IQVIA Inc. based in Danbury, Connecticut, the Parsippany facility has federal service contracts with agencies including the Drug Enforcement Administration, Food and Drug Administration and Centers for Disease Control and Prevention. In November 2017, Quintiles and IMS Health Inc., merged to form IQVIA.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These authorities require that federal contractors provide equal employment opportunity through affirmative action.

OFCCP launched the Class Member Locator to identify applicants or workers who may be entitled to monetary relief and/or consideration for job placement as a result of OFCCP’s compliance evaluations and complaint investigations. If you think you may be a class member who applied for or was interested in an associate sales consultant position at IQVIA Inc., during the investigative period, please use OFCCP’s Class Member Locator to learn more about this and other settlements. For more information, call the Office of Federal Contract Compliance Programs toll-free helpline at 800-397-6251. 

WASHINGTON – The U.S. Department of Labor today announced that its Office of Federal Contract Compliance Programs has issued a directive to promote effective enforcement and greater federal contractor compliance with equal employment opportunity laws.

As part of its enforcement efforts, OFCCP conducts compliance evaluations of federal contractors to identify and remedy systemic barriers to opportunity and promote compliance. The directive issued today – DIR 2022-02: “Effective Compliance Evaluations and Enforcement” – provides updated guidance on the agency’s compliance evaluation policies and expectations for contractors.

The directive will strengthen the agency’s compliance evaluations and reduce delays by promoting the timely exchange of information. It also explains OFCCP’s updated policies regarding its scheduling of contractors for compliance evaluations, including enhancing the agency’s neutral scheduling procedures to reach a broader universe of federal contractors and eliminating scheduling delays.

“The directive we issued today will enhance our ability to use strategic enforcement to help more workers,” said Office of Federal Contract Compliance Programs Director Jenny R. Yang. “By providing transparency and clarity on OFCCP’s policies and expectations, the directive will foster consistent accountability and avoid delay in compliance evaluations. It will also promote a proactive approach to compliance by federal contractors.”

“OFCCP is committed to regular and open communication with federal contractors to discuss any concerns identified and to facilitate a prompt and successful resolution of compliance reviews,” added Yang.  

The directive also describes expectations regarding the timely production of affirmative action programs and support data, which provide the foundation for OFCCP’s evaluation of a contractor’s employment practices. The directive makes clear that when covered contractors use the Contractor Portal to certify compliance with their affirmative action program obligations annually, they are certifying that they have developed and maintained complete programs in compliance with OFCCP requirements. The directive also describes the agency’s expectations regarding contractors’ timely submission of other information relevant to the compliance evaluation, as well as access to employees, applicants and other witnesses.

DIR 2022-02 provides updated guidance on OFCCP’s policies on compliance evaluations and reaffirms the agency’s commitment to providing transparency, efficiency and clarity in its compliance evaluation process. The directive rescinds and replaces four prior directives:

• Directive 2018-06: “Contractor Recognition Program” (Aug. 24, 2018)
• Directive 2018-08: “Transparency in OFCCP Compliance Activities” (Sept. 19, 2018)
• Directive 2020-02: “Efficiency in Compliance Evaluations” (April 17, 2020)
• Directive 2021-02: “Certainty in OFCCP Policies and Practices” (Dec. 11, 2020)

Learn more about OFCCP.

WASHINGTON – The U.S. Department of Labor today announced a proposed modification to a final rule that aims to create a streamlined, efficient and flexible process allowing the department to use its resources strategically to remove barriers to equal employment opportunity.

The proposed rulemaking by the department’s Office of Federal Contract Compliance Programs seeks to revise the final rule, “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination,” in effect since Dec. 10, 2020.

The 2020 rule codified two formal notices, the Predetermination Notice and the Notice of Violation, that the agency provides to federal contractors when it finds potential violations. These notices explain the concerns the agency has identified regarding noncompliance to federal contractors and give the contractor an opportunity to respond.

The rule also imposed inflexible evidentiary requirements early in the compliance evaluation process and attempted to codify complex evidentiary definitions for “qualitative” and “quantitative” evidence and other standards. The 2020 rule imposed rigid evidentiary standards and definitions that impede OFCCP’s ability to provide contractors with early notification of indicators of discrimination. These standards and definitions also divert agency and contractor resources away from addressing discrimination unnecessarily.

The 2020 rule’s standards did not assist workers and delayed the resolution of discrimination findings. Its standards also create differences between the evidentiary requirements governing OFCCP’s procedures and Title VII, and limit the agency’s ability to bring the full scope of cases under its authorities.

“Our proposal would enable Office of Federal Contract Compliance Programs to remedy unlawful discrimination more effectively while providing federal contractors early notice about concerns we have identified,” said Office of Federal Contract Compliance Programs Director Jenny R. Yang. “Under the proposal, OFCCP would rescind the rigid evidentiary standards for providing employers with notice of discrimination concerns. It would also retain the required use of the Predetermination Notice and the Notice of Violation, with modified procedures that allow the agency to consider the facts and circumstances of each case.” 

“These proposed modifications would restore flexibility to OFCCP’s procedures, promote efficiency in resolving cases, strengthen enforcement and promote alignment of the standards governing our procedures with Title VII,” Yang added.

Learn more about OFCCP, or call its toll-free helpline at 800-397-6251.

WASHINGTON – Today, as the nation observes Equal Pay Day – the day through which U.S. women typically must work to be paid the same wages men received in 2021 – the U.S. Department of Labor’s Office of Federal Contract Compliance Programs issued a new directive to promote greater contractor attention concerning the proactive and effective use of pay equity audits to identify barriers to equal pay in their pay-setting and employment practices. 

“The Office of Federal Contract Compliance Programs’ directive on pay equity audits is an important measure that will help employers address and prevent pay inequality,” said Office of Federal Contract Compliance Programs Director Jenny R. Yang. 

“OFCCP is redoubling its efforts to remove barriers to pay equity, and ensuring contractors are complying with their obligation to conduct comprehensive pay equity audits,” Yang added. 

OFCCP’s directive also makes clear that if the agency identifies concerns about the contractor’s compensation practices during a compliance evaluation, it may request the contractor’s pay equity audit to verify the contractor’s compliance with its obligation to conduct an annual in-depth analysis of its compensation practices.

Almost 60 years after the passage of the Equal Pay Act of 1963, the Civil Rights Act of 1964 and Executive Order 11246 in 1965, significant gender pay gaps persist. Women who work full-time, year-round in the U.S. typically are paid only 83 cents for every dollar paid to men. The wage gap is even more pronounced for women of color.

As the nation makes critical infrastructure investments, federal contractors have an important role to play in taking proactive action to develop fair pay practices and conduct an annual pay equity audit to identify and correct inequities. OFCCP is committed to working with the contractor community to tackle longstanding pay inequality through unbiased pay setting practices, greater proactive analysis of compensation systems, and transparency in pay equity audits.

The directive aligns with the Executive Order on Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency signed today by President Biden. The Executive Order directs the Federal Acquisition Regulatory Council, in consultation with the Department of Labor, to consider proposing rules limiting or prohibiting federal contractors from seeking and considering information about job applicants’ and employees’ existing or past compensation when making employment decisions.

Learn more about OFCCP.

BELLEVUE, NE – A company known for baking some of the nation’s leading brands will pay $131,216 in back pay and interest to 134 qualified female applicants as part of an agreement with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to resolve alleged hiring discrimination at a Bellevue, Nebraska baking facility.

A compliance review conducted by OFCCP found that – from Jan. 1, 2018 to June 30, 2019 – Bimbo Bakeries USA Inc. discriminated against female applicants who applied to work as bakers and loaders, positions which are classified as jobbers. The agency determined that the company’s actions violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color, religion, sex, sexual orientation, gender identity or national origin.

“Federal contractors who fail to give equal consideration to all applicants – regardless of gender – violate the law,” said Office of Federal Contract Compliance Programs Regional Director Carmen Navarro in Chicago. “By entering into a federal contract, an employer agrees to ensure equal opportunity for all workers and compliance with all federal employment laws. The U.S. Department of Labor will act when they fail to do so.”

While denying the allegations, Bimbo also agreed to offer jobs to seven female applicants and provide training to managers, supervisors and other company officials who oversee hiring decisions to ensure its hiring policies and procedures are free from discrimination.

A subsidiary of Bimbo Bakeries USA Inc. based in Horsham, Pennsylvania, the Nebraska facility has contracts for services with the U.S. Department of Veterans Affairs, Defense Logistics Agency, and the Federal Bureau of Prisons, among other government agencies. Bimbo is known by its many brand names, including Sara Lee, Arnold, Entenmann’s, Thomas’, Beefsteak, Freihofer’s, Nature’s Harvest and Boboli.

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 require that federal contractors provide equal employment opportunity through affirmative action.

OFCCP launched the Class Member Locator to identify applicants or workers who may be entitled to monetary relief and/or consideration for job placement as a result of OFCCP’s compliance evaluations and complaint investigations. If you think you may be a class member who applied for a position with Bimbo Bakeries, learn more about this and other settlements. Learn more about OFCCP.

WASHINGTON –The U.S. Department of Labor’s Office of Federal Contract Compliance Programs and the U.S. Equal Employment Opportunity Commission today launched the Hiring Initiative to Reimagine Equity with a roundtable discussion reflecting on the legacy of Dr. Martin Luther King Jr.

HIRE is a multi-year collaborative effort chaired by OFCCP Director Jenny R. Yang and EEOC Chair Charlotte A. Burrows that will engage a broad array of stakeholders in expanding access to good jobs for workers from underrepresented communities and help address key hiring and recruitment challenges. HIRE will identify strategies to remove hiring barriers that limit opportunity along the lines of race, color, ethnicity, gender, LGBTQ+ status, religion, disability, age and veteran status.

“The nation’s economy continues to add jobs, but we know that many people are still struggling to find quality employment while many employers are reassessing their recruitment and hiring practices to find the talent they need. Together with the Equal Employment Opportunity Commission, we will engage with innovative employer and worker efforts to identify actionable strategies to remove barriers to hiring to unlock our nation’s full talent,” said Office of Federal Contract Compliance Programs Director Jenny R. Yang.

“The HIRE initiative aims to expand employment opportunities as our nation recovers from the pandemic,” said Equal Employment Opportunity Commission Chair Charlotte A. Burrows. “Working with employers and workers to prevent unfair and unnecessary obstacles to equal employment opportunity is a key component of this initiative. This collaboration between EEOC and OFCCP will help create an economy that works for everyone.”

The roundtable, “Building on Dr. King’s Legacy: Launch of HIRE, a Hiring Initiative to Reimagine Equity,” brought together employer, worker, and civil rights organizations to explore how to promote recruitment and hiring practices that advance racial equity for underserved communities.

“What better time – as we mark Dr. King’s historic legacy – to introduce the HIRE initiative, which furthers the Equal Employment Opportunity Commission’s vital mission to safeguard and advance equal employment opportunity for all Americans, including workers from underrepresented communities. I am thrilled to be working with Chair Burrows, Director Yang, and all of our EEOC and OFCCP colleagues to realize Dr. King’s vision and fulfill the goals of our nation’s civil rights laws,” said EEOC Vice Chair Jocelyn Samuels.

“I applaud the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs for initiating a concerted effort to help overcome the historical and systemic barriers to employment plaguing underserved communities, which the COVID-19 pandemic exacerbated even further,” said Association of Corporate Counsel President and CEO Veta T. Richardson. “A key partner in this effort will be in-house counsel, who play a central role in developing, implementing, and updating their organization’s employment policies and practices. Association of Corporate Counsel is enthused to support ‘HIRE’ by raising awareness of this important initiative with our members to help advance equal participation and opportunity for everyone.”

“We are excited to help organizations begin to think more broadly about how to re-define profiles for success in their jobs and evaluate candidates using the types of techniques that create an even playing field for diverse candidates,” said President and CEO of APTMetrics Dr. Kathleen K. Lundquist. “The HIRE initiative will be a critical resource and shine a bright light on hiring practices that eliminate barriers to equal opportunities for everyone. It will take the fight against bias in hiring to the next level – the level that can lead to a more-inclusive, post-pandemic economy.”

“For far too long, Black workers in our communities have been sorely underrepresented in good family-sustaining jobs. In the era of COVID-19, federal contractors and employers overall must make the shift to value an inclusive, equitable, and representative workforce as much as they value finishing a project on time and on budget. That is how we build an equitable recovery,” said Project Director and Founder of UCLA Labor Center’s Los Angeles Black Worker Center Lola Smallwood Cuevas.

“What a lot of folks don’t know is that the AFL-CIO insisted on the fair employment practices section of the Civil Rights Act. The early drafts omitted it. And at several turns, lawmakers tried to cut it,” said AFL-CIO Secretary-Treasurer Fred Redmond. “But the AFL-CIO wouldn’t let them. And its passage established a clear basis for invoking the power of the federal government in eliminating job discrimination because labor rights are civil rights.”

“I applaud this initiative to rethink hiring practices to promote true diversity in the workforce. At the Hispanic Association on Corporate Responsibility, we advance Hispanic representation at all levels in Corporate America, but the journey begins with getting a foot in the door, and this is a challenge that deserves a fresh look and ongoing attention,” said HACR President and CEO Cid Wilson. “I’m pleased to be part of this important conversation.”

“We at the League of United Latin American Citizens have advocated and trained the workforce within our communities for decades. Recruitment and hiring practices that advance racial equity and create pathways to good jobs for workers from underserved communities will continue to be a top priority for LULAC,” said CEO Sindy Benavides. “Latino representation at all levels is critical to ensuring diversity, inclusion and equity at workplaces across the country. Employers must do their part and federal agencies should use their convening power to bring diverse interests together to tackle unfair recruitment and hiring practices to ensure Latinos, and all workers, have a fair shot.”

HIRE will engage a broad array of stakeholders in pursuit of a common goal to help address key hiring and recruiting challenges that prevent underrepresented communities from accessing good jobs. Many employers and worker organizations are seeking actionable strategies to ensure that diversity, equity, inclusion, and accessibility programs promote meaningful progress while ensuring compli­ance with equal opportunity laws. The EEOC and OFCCP will convene a series of roundtables and meetings to identify actionable strategies to promote organizational policies and practices that advance equity. The agencies will develop materials such as guidance documents or promising practice resources. These resources will promote evidence-based research and initiatives aimed at embedding equity in recruitment and hiring practices.

The Office of Federal Contract Compliance Programs enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. For more information, call the Office of Federal Contract Compliance Programs toll-free helpline at 800-397-6251.

Date of action:                       Dec. 30, 2021

Type of action:                      Order

Names of defendants:       Convergys Customer Management Group Inc.

Allegations: The defendant refused to provide the department’s Office of Federal Contract Compliance Programs copies of its affirmative action programs and several other supporting documents during a compliance audit by the agency, in violation of federal law. 

Resolution:  The department’s Office of Administrative Law Judges ordered Convergys to provide all information requested in the scheduling letters, upon penalty of debarment and contract cancellation. The judge found that OFCCP’s request for the affirmative action programs and supporting data did not violate the Convergys’ Fourth Amendment right against unreasonable search and seizure or Fifth Amendment right to due process. Find out more about OFCCP’s mission.

Court:  Office of the Administrative Law Judges

Background: Convergys Customer Management Group Inc. provides outsourced telephone marketing, research and database services to the communication, healthcare, travel and retail industries worldwide.

OALJ Case Numbers: 2015-OFC-00002; 2015-OFC-00003; 2015-OFC-00004; 2015-OFC-00005; 2015-OFC-00006; 2015-OFC-00007; 2015-OFC-00008 2016-OFC-00003