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OFCCP Continues to Push for Compensation Data - Silicon Valley Giant in the Crosshairs of DOL

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Data requested as part of routine audit of a federal contractor

While everyone awaits the impact of a new presidency on Affirmative Action priorities, the OFCCP is forging ahead with their ongoing agenda to collect compensation data. Below is a new press release from the Department of Labor stating that Google is resisting the expectation to supply detailed compensation data during an OFCCP desk audit.

See text posted by DOL and link to Press Release here: https://www.dol.gov/newsroom/releases/ofccp/ofccp20170104/

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/.

OFCCP News Release: 01/04/2017 Media Contact Name: Leo Kay Email: kay.leo.f@dol.gov Phone Number: (415) 625-2630 Media Contact Name: Jose Carnevali Email: carnevali.jose@dol.gov Phone Number: (415) 625-2631 Release Number: 16-2406-SAN

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