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OFCCP Enters into Conciliation Agreements with 12 Contractors in September 2018

OutSolve

Conciliation Agreements total more than $3 million in recovery to job applicants and employees

During the past several weeks, OFCCP resolved the following 12 investigations of discrimination [listed in date order] as posted on their FOIA library website and/or posted in their newsroom. Most of the allegations involved hiring discrimination (eight) followed by compensation (three).

  1. Hillshire Brands Co. (Sara Lee Foods) [9/28/18] will pay $350,000 in back pay plus interest to resolve allegations of hiring discrimination against white, black, Asian and female applicants for entry-level sanitation and laborer positions. Hillshire also failed to create a job group analysis, conduct adverse impact analyses, and preserve relevant employment and personnel records.

  2. Performance Food Group, Inc., [9/28/18] will pay $599,989 in back wages to 64 affected class members resolve allegations of systemic hiring discrimination in four states. OFCCP found that PFG discriminated against 755 African American applicants in the hiring and selection process for selector positions.

  3. Powell Electrical Systems, Inc., [9/28/18] will pay $275,000 to settle allegations it discriminated against female and black and white applicants (favoring Hispanic workers) for assembler positions. Powell also allegedly failed to maintain (and have available for inspection) an adverse impact analysis for race, and failed to maintain required employment records.

  4. U.S. Security Associates, Inc., [9/28/18] will pay $275,000 in back pay and interest to resolve hiring discrimination against female and nonwhite applicants for security guard positions; the company also failed to conduct adverse impact analyses, maintain an affirmative action program, maintain required records, and post notice of the location and hours when its AAP for protected veterans and individuals with disabilities are available for inspection. As positions become available USSA will consider qualified eligible class members on a final approved list.

  5. Waste Connections of Missouri, Inc., [9/28/18] will pay $246,386 in back pay and interest to resolve claims that it discriminated against 42 black applicants for driver positions, violated applicable record keeping provisions, and failed to list openings with state workforce agency job banks.

  6. MVM, Inc. [9/27/18] will pay $250,000 in back pay and provide other relief to resolve allegations that the company discriminatorily terminated African-born security guards; failed to provide a workplace free of harassment, threats, and intimidation based on African national origin, sex, and disability status, and failed to preserve required employment records.

  7. Penske Truck Leasing Co., L.P., [9/27/18] will pay $300,000 to 104 female employees who were paid less than males in professional information technology and finance positions.

  8. The Johns Hopkins Wilmer Eye Institute [9/27/18] will pay $175,000 to resolve allegations of discrimination against African-American applicants in hiring for patient access specialist and ophthalmic technician assistant positions. The Eye Institute also failed to preserve and make available for inspection required hiring records, develop and maintain an internal audit system, and list job openings with the state workforce agency job bank or employment service delivery system, as required by VEVRAA.

  9. Accenture Federal Services LLC [9/25/18] will pay $150,000 in monetary relief to resolve allegations of race discrimination for failing to hire black and Asian applicants into the associate software engineer position.

  10. Omnicare of Northern Illinois [9/24/18] will pay $300,000 in back pay and interest to 132 Asian pharmacy technicians to resolve allegations it discriminated against Asian pharmacy technicians by paying them less than similarly situated non-Asian employees; the employer also failed to conduct an in-depth analyses of its total employment process to identify the impediments to equal opportunity in employment.

  11. LabCorp [9/13/18] will pay $95,648 in relief for failing to hire female applicants into the service representative positions; the employer also failed to perform in-depth analyses of its employment processes to determine where their EEO efforts fell short, or to develop an internal audit procedure for evaluating the effectiveness of its AAP, or to maintain records and have them available for inspection.

  12. Meggitt (Erlanger) LLC [9/7/18] will pay $161,126 and interest to resolve claims of compensation discrimination against 36 female employees in machine operator, assembler, and molder positions.

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