OFCCP will complete its compliance review on the merits with the goal of reaching a resolution
On January 30, 2019, Jeffrey Lupardo, Counsel for Labor-Management and Civil Rights Enforcement, filed a Motion for Voluntary Dismissal of Appeal and Proposed Order to the Clerk of the Appellate Boards for the DOL. The motion indicates that “OFCCP has decided to enforce ALJ Berlin’s July 14, 2017 Recommended Decision and Order and complete its compliance review on the merits consistent with the terms of its newly-issued policy directives on transparency and Predetermination Notices.” OFCCP indicated that this is the most effective way of reaching a resolution with Google. The Directive seeks to “facilitate consistency, improve efficiency and collaborative resolutions, and also supports contractors’ ability to conduct meaningful self-audits to proactively identify and address issues with their employment practices.”
OFCCP had requested broad access to Google’s salary records to further investigate alleged pay disparities. In 2017, an ALJ ruled that OFCCP’s demands for Google’s workplace records were “over-broad, intrusive on employee privacy, unduly burdensome and insufficiently focused on obtaining the relevant information.” OFCCP’s appeal had been pending for more than a year.
Previous OutSolve blog on the Google case • January 5, 2017