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Convergys’ Fourth Amendment Rights Argument Fails Again with DOL


DOL Chief AJL orders Convergys to comply with OFCCP’s request

Convergys Customer Management Group Inc. has been ordered by DOL Chief Administrative Law Judge (ALJ) to provide OFCCP with written AAPs and supporting data for nine of its facilities. The company’s assertion that the OFCCP’s request for documents and records associated with a compliance review violated its Fourth Amendment rights was again rejected by the ALJ. OFCCP v Convergys Customer Management Group, Inc.

On December 15, 2014, OFCCP filed a lawsuit which consisted of seven administrative complaints alleging that Convergys failed to comply with its requests. See previous OutSolve blog On October 23, 2105, the ALJ granted OFCCP’s motion for a decision and rejected Convergys’ assertion that the request violated its Fourth Amendment rights. However, the ALJ noted that the present action was related to a pending Administrative Review Board (ARB) appeal of the previous consolidated cases involving the same parties and issue. He also denied OFCCP’s request for an expedited hearing.

On January 5, 2016, Convergys filed several other motions; however, the ALJ issued an order denying their motion due to lack of jurisdiction. On February 7, 2017, OFCCP filed an amended complaint adding three more Convergys’ facilities that had been selected for a compliance review. In response to the ALJ’s granted OFCCP’s motion on March 6th, Convergys filed its answer and requested a hearing.

Over the next several months both parties filed various actions; however, the parties jointly requested that the ALJ lift the stay of proceedings and render a decision. The parties agreed that the issues in the current action were essentially the same as those addressed in the ALJ’s ruling in the earlier consolidated actions. As a result, the ALJ issued the requested judgment on the pleadings. He ruled that, as a matter of law, Convergys violated 41 CFR Section 60-1.12(c)(2) by failing to provide its written AAPs and supporting data upon request, and that the contractor did not have a good cause to excuse the violation.

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