Federal contractor agrees to cooperate with document production for federal compliance review to resolve US Department of Labor lawsuit
CHICAGO – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs entered into a consent decree with Rosemount Inc. of Chanhassen, Minnesota, and its subsidiary, Rosemount Specialty Products LLC. of Wenatchee, Washington, requiring the federal contractor to provide documents and information necessary to complete a scheduled compliance review of the company’s equal employment opportunity practices.
The consent decree entered Dec. 20, 2022, by the Office of Administrative Law Judges in Washington D.C., resolves an administrative complaint filed on Sept. 9, 2022, by the department against the companies.
“Failure to provide required documentation for a compliance review is a clear violation of the legal obligations of a federal contractor,” said Office of Federal Contract Compliance Programs Regional Director Carmen Navarro in Chicago. “By entering a federal contract, employers are agreeing to such reviews. The Department of Labor will take all necessary steps to ensure equitable access to good paying jobs provided under federal contracts and to ensure that employers meet their contractual obligations of nondiscrimination and equal employment opportunity.”
Rosemount Inc. is a wholly owned subsidiary of Emerson Electric Co. in St. Louis and its subsidiary, Rosemount Specialty Products – which manufactures measuring and controlling devices – that has contracts with the Department of Defense and the Defense Logistics Agency.
On July 2, 2021, OFCCP requested Rosemount provide required information on its Affirmative Action Programs and supporting data information in a scheduling letter. In late August 2021, Rosemount submitted the company’s policy and procedure statements about its equal opportunity practices but did not submit the supporting data requested.
Despite repeated requests, Rosemount failed to provide OFCCP with the missing data including employment activity such as applicants, hires, promotions and terminations by job group or job title as well as information on its affirmative action goals. On Nov. 18, 2021, the agency issued a Show Cause Notice to Rosemount, demanding it either submit the outstanding information and data or demonstrate why enforcement proceedings should not be initiated. Having received no response, the U.S. Department of Labor filed a lawsuit in September 2022, asking the Office of Administrative Law Judges to compel the companies to provide the required documents and information.
Under the terms of the decree that resolves the Administrative Complaint, the companies agreed to provide OFCCP with the required information on Rosemount’s Affirmative Action Programs and supporting data information that were initially requested in the scheduling letter and to cooperate to provide information responsive to follow up requests or inquiries from OFCCP.
OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Together, these laws prohibit employment discrimination.