OFCCP Settles Charges Of Racial Discrimination With Parsons Brinckerhoff

News Release

OFCCP News Release: [05/08/2014]
Contact Name: Ted Fitzgerald or Andre J. Bowser
Phone Number: (617) 565-2075 or x2074
Email:
Fitzgerald.Edmund@dol.gov or Bowser.Andre.J@dol.gov
Release Number: 14-0406-NEW

US Department of Labor settles charges of racial discrimination with New York City-based federal contractor Parsons Brinckerhoff

Agreement includes $188,043 for 247 job applicants

NEW YORK — The U.S. Department of Labor’s Office of Federal Contract Compliance Programs today announced that federal contractor Parsons Brinckerhoff agreed to settle allegations of hiring discrimination on the basis of race and ethnicity involving 247 Hispanic, Asian-American, African-American, Native American and mixed race job applicants who were rejected for assistant engineer positions at the company’s New York City headquarters.

“Parsons Brinckerhoff has a long, rich history of managing federal projects that have a significant impact on the lives of those who live and work in the communities where they are located,” said OFCCP Director Patricia A. Shiu. “That makes it especially important for this company to meet its legal obligations to provide workers with a fair shot at employment and live up to company President and CEO George J. Pierson’s stated commitment to build a ‘firm that values diversity in our workforce and welcomes new talent and experienced professionals with the same enthusiasm.’”

During a scheduled compliance review, OFCCP investigators determined that Parsons Brinckerhoff violated Executive Order 11246 between 2010 and 2012 by using a hiring process that resulted in systemic discrimination. The agency found that Parsons Brinckerhoff did not follow its own written hiring policies and failed to use a consistent selection process for screening, interviewing and selecting assistant engineers. As a result, zero minorities were hired as assistant engineers during the review period.

Parsons Brinckerhoff is a global consulting firm responsible for designing, building, operating and maintaining important landmarks, such as the African Burial Ground National Monument in Manhattan. During the past three years, the company has received more than $2.1 million in taxpayer-funded contracts from the U.S. Department of the Army, Federal Highway Administration, National Park Service, Smithsonian Institution and Public Buildings Service.

Under the terms of the conciliation agreement signed by both parties, the contractor will pay $188,043 in back wages and interest to the affected job seekers and will offer assistant engineer positions and retroactive seniority to at least four class members as positions become available. Additionally, the company will revise its selection policies and procedures to ensure equal employment opportunities for all future applicants.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These three laws require that those who do business with the federal government, both contractors and subcontractors, must follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For more information, visit http://dol.gov/ofccp/.

Puerto Rico Construction Contractor Settles Sexual Harassment and Discrimination Case With OFCCP

News Release

OFCCP News Release: [04/02/2014]
Contact Name: Ted Fitzgerald or Andre J. Bowser
Phone Number: (617) 565-2075 or x2074
Email:
Fitzgerald.Edmund@dol.gov or Bowser.Andre.J@dol.gov
Release Number: 14-0363-NEW

Puerto Rico construction contractor settles
sexual harassment and discrimination case with US Department of Labor

Constructora Santiago to pay $40,000 to three female victims

SAN JUAN, Puerto Rico — Constructora Santiago II Corp., a federal construction contractor in San Juan, Puerto Rico, will make a lump sum payment of $40,000 to three female carpenters who were sexually harassed, retaliated against and denied regular and overtime work hours comparable to those of their male counterparts. The settlement follows an investigation by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.

“No person — male or female — should have to put up with the degrading and inappropriate treatment these women faced just to get a paycheck,” said OFCCP Director Patricia A. Shiu. “There’s no excuse for that kind of behavior, and it’s particularly egregious when the discrimination takes place at work sites funded by taxpayers.”

OFCCP investigators reviewed Constructora Santiago’s employment practices and determined that the company violated Executive Order 11246 by discriminating against women in compensation and by permitting sexual harassment and retaliation against employees who complained about a hostile work environment.

Additionally, OFCCP found that Constructora Santiago did not provide adequate restroom facilities for female employees. At times, the contractor provided no restrooms for women, and female employees were forced to relieve themselves outdoors, even in the presence of male colleagues. When a restroom was available, it was not separate from the men’s restroom and was not clean. Investigators also found that female workers were subjected to unwelcome, sexually charged comments, teasing, jokes and pressure to go out on dates. The conciliation agreement entered into by Constructora Santiago and OFCCP resolves these and numerous other legal violations at the company’s construction work sites across Puerto Rico.

Under the terms of the conciliation agreement, the construction company will pay $40,000 to the three female carpenters, provide adequate toilet and changing facilities for them and develop anti-harassment policies. Constructora Santiago has also agreed to undertake extensive self-monitoring measures and training to ensure that its employment practices fully comply with Executive Order 11246, which prohibits federal contractors and subcontractors from discriminating in employment on the basis of race, color, religion, sex or national origin.

Constructora Santiago has built more than $900 million worth of highways and bridges in Puerto Rico, as well as commercial and industrial structures. In January 2012, when OFCCP’s review began, the company held a federally assisted contract worth more than $10 million with the Puerto Rico Highway and Transportation Authority.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These three laws require those who do business with the federal government, both contractors and subcontractors, must follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For more information, visit http://www.dol.gov/ofccp/.

Cargill Agrees To Pay More Than $2.2M To Settle Charges Of Hiring Discrimination Brought By OFCCP

News Release

OFCCP News Release: [01/22/2014]
Contact Name: Laura McGinnis or Michael Trupo
Phone Number: (202) 693-4653 or x6588
Email:
McGinnis.Laura.K@dol.gov or Trupo.Michael2@dol.gov
Release Number: 14-0010-NAT

Cargill agrees to pay more than $2.2M to settle charges of
hiring discrimination brought by US Labor Department

Company will pay back wages and interest to nearly 3,000 applicants rejected for jobs

WASHINGTON — Cargill Meat Solutions, headquartered in Wichita, Kan., has agreed to settle charges of hiring discrimination based on race and sex with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs. Under the agreement, Cargill will pay $2,236,218 in back wages and interest to 2,959 applicants who were rejected for production jobs at facilities in Springdale, Ark.; Fort Morgan, Colo.; and Beardstown, Ill., between 2005 and 2009. The affected workers include: female applicants at Springdale and Fort Morgan, Caucasian and Hispanic applicants at Fort Morgan, and African American and Caucasian applicants at Beardstown.

“This settlement will benefit thousands of workers who were subjected to unfair discrimination,” said U.S. Secretary of Labor Thomas E. Perez. “And it demonstrates the Department of Labor’s commitment to ensuring that everybody has a fair and equal shot at competing for good jobs.”

During a series of scheduled reviews, OFCCP compliance officers found evidence that Cargill’s hiring processes and selection procedures at facilities in Arkansas, Colorado and Illinois violated Executive Order 11246 by discriminating on the bases of sex, race and/or ethnicity. The reviews also uncovered violations of the Executive Order’s record-keeping requirements. The Department of Labor filed a lawsuit regarding violations at the Springdale facility in November 2011 and this settlement resolves the issues in that complaint as well as the two other reviews.

“Discrimination should never be used to justify favoring one group of workers over others,” said OFCCP Director Patricia A. Shiu. “I am pleased that Cargill has agreed to put a proactive strategy in place to address this issue through new hiring procedures and in-depth training on combating stereotypes.”

In addition to paying more than $2.2 million in back wages and interest to the affected applicants, Cargill has agreed to extend 354 job offers to the affected workers as positions become available. Additionally, the company has agreed to undertake extensive self-monitoring measures to ensure that all hiring practices fully comply with the law, including record-keeping requirements.

Cargill Meat Solutions, a wholly-owned subsidiary of Minneapolis-based Cargill Inc., distributes beef, pork and turkey products. Since 2005, Cargill has held federal contracts worth more than $1.4 billion.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These three laws require those who do business with the federal government, contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.

New Jersey Dairy Company To Pay Nearly $325,000 To Settle Charges Of Sex And Race Discrimination

News Release

OFCCP News Release: [12/23/2013]
Contact Name: Leni Fortson or Joanna Hawkins
Phone Number: (215) 861-5102 or x5101
Email:
uddyback-fortson.lenore@dol.gov or Hawkins.Joanna@dol.gov
Release Number: 13-2307-NEW

New Jersey dairy company to pay nearly $325,000 to settle charges of sex and race discrimination affecting 227 job applicants

MOUNTAINSIDE, N.J. — The U.S. Department of Labor’s Office of Federal Contract Compliance Programs today announced that federal contractor Cream-O-Land Dairy Inc. has resolved claims of sex and race discrimination affecting 227 workers who applied for jobs at the company’s dairy plant in Florence, N.J. An OFCCP review of the facility determined that the dairy company used a hiring process that violated Executive Order 11246 because it discriminated against women, African Americans and Asian Americans who applied for warehouse positions in 2010.

“I am pleased that we were able to reach a fair settlement in this case,” said OFCCP Director Patricia A. Shiu. “Today’s agreement underscores the notion that federal contractors, like Cream-O-Land, should closely examine their employment policies and practices to identify and eliminate any unfair barriers to equal opportunity.

Under the terms of the conciliation agreement, Cream-O-Land will pay $324,288 in back wages, interest and benefits to the rejected applicants. The company will also make 24 job offers to the affected class members as positions become available. Additionally, the company has agreed to undertake extensive self-monitoring measures, including committing a minimum of $10,000 for training to ensure that all of its hiring processes comply with the law.

Cream-O-Land Dairy Inc. delivers dairy products to grocery stores, supermarkets and schools throughout New Jersey, New York, Pennsylvania, Delaware and Connecticut. In Fiscal Year 2012, Cream-O-Land sold more than $1.5 million worth of products to federal agencies such as the Federal Prison System, Department of Veterans Affairs, Defense Commissary Agency, Defense Logistics Agency and Department of the Army.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These three laws require those who do business with the federal government, contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.

G&K Services Co. Settles Claims Of Pay And Hiring Discrimination With OFCCP

News Release

OFCCP News Release: [11/04/2013]
Contact Name: Deanne Amaden or Jose A. Carnevali
Phone Number: (415) 625-2630 or x2631
Email:
Amaden.Deanne@dol.gov or Carnevali.Jose@dol.gov
Release Number: 13-1725-SAN

G&K Services Co. settles claims of pay and hiring discrimination with the US Labor Department

Agreement includes $265,983 in back pay to 59 women steered into lower paying jobs

LOS ANGELES — G&K Services Co. has agreed to settle allegations that it discriminated against female laundry workers by steering them into lower-paying positions regardless of their qualifications. The conciliation agreement between the federal contractor’s facility located in Santa Fe Springs, Calif., and the department’s Office of Federal Contract Compliance Programs resolves this pay discrimination violation, as well as the related finding that the company discriminated against male applicants in hiring.

“The settlement reflects a mutual commitment between the department and the leadership of G&K Services Co. to ensure that qualified workers, irrespective of gender, have a fair shot at competing for good jobs,” said OFCCP Director Patricia A. Shiu. “I am pleased by this contractor’s willingness to work with us on a proactive strategy to guarantee that all their workers have an equal opportunity to succeed in the workplace.”

During a compliance evaluation, OFCCP determined that G&K Services had a practice of assigning laundry workers to different tasks and different pay rates on the basis of gender. Specifically, OFCCP found that between July 1, 2009, and June 30, 2010, female employees who had been hired as general laborers were assigned to “light duty” jobs that paid less than the “heavy duty” jobs involving similar work and qualifications, which the company reserved for men. Denying women access to higher-paying opportunities because of sex stereotyping is a form of pay discrimination in violation of Executive Order 11246. Investigators also found that male applicants were frequently denied the option to compete for a majority of the open laborer opportunities during the review period because the company only considered them for so-called heavy duty work.

Under the terms of the agreement, the contractor will pay $265,983 in back wages to 59 female workers who were steered into the lower paying jobs. G&K Services will also extend to the 59 female class members job offers in the higher-paying laborer positions. In addition, G&K Services will pay $23,968 in back wages to 331 male job applicants who were denied the opportunity to compete for open lower-paying laborer positions and make three job offers. The company has also agreed to undertake extensive self-monitoring measures, and review and revise their hiring and pay practices, to ensure they fully comply with the law.

G&K Services provides textile leasing and renting services to a number of different government agencies, including the Defense Commissary Agency, Bureau of Reclamation and NASA.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP’s toll-free helpline at 800-397-6251 or visit its website at http://www.dol.gov/ofccp/.

Judge Orders Bank of America To Pay almost $2.2 million For Racial Discrimination

News Release

OFCCP News Release: [09/23/2013]
Contact Name: Laura McGinnis or Mike Trupo
Phone Number: (202) 693-4653 or x6588
Email:
McGinnis.Laura.K@dol.gov or Trupo.Michael2@dol.gov
Release Number: 13-1967-NAT

Judge orders Bank of America to pay almost $2.2 million for racial discrimination against more than 1,100 African-American job seekers

CHARLOTTE, N.C. — U.S. Department of Labor Administrative Law Judge Linda S. Chapman has ordered Bank of America Corp. to pay 1,147 African American job applicants $ 2,181,593 in back wages and interest for race-based hiring discrimination at the company’s Charlotte facility. In an earlier ruling, the judge determined that the bank applied unfair and inconsistent selection criteria resulting in the rejection of qualified African American applicants for teller and entry-level clerical and administrative positions. The ruling represents a major victory in a case that has spanned nearly two decades, during which Bank of America repeatedly challenged the authority of the department’s Office of Federal Contract Compliance Programs. Bank of America is a federally-insured financial institution that provides a variety services and products, making it a federal contractor under the purview of OFCCP’s regulatory requirements.

“Wherever doors of opportunity are unfairly closed to workers, we will be there to open them — no matter how long it takes,” said OFCCP Director Patricia A. Shiu. “Judge Chapman’s decision upholds the legal principle of making victims of discrimination whole, and these workers deserve to get the full measure of what is owed to them.”

The ruling awards $964,033 to 1,034 applicants who were rejected for jobs in 1993 and $1,217,560 to 113 individuals who were rejected between 2002 and 2005. It further orders Bank of America to extend job offers, with appropriate seniority, to 10 class members as positions become available. After hearing from experts on both sides, the judge agreed with the government’s positions on every issue in dispute. Notably, she rejected the bank’s arguments for a lower award on the grounds that they could not take advantage of missing records that they had failed to keep.

On Nov. 24, 1993, OFCCP initiated a routine compliance review that revealed indications of systemic hiring discrimination affecting African American job seekers at the Charlotte facility. After conciliation efforts failed, the Solicitor of Labor in 1997 filed an administrative complaint against the company for violating Executive Order 11246, which prohibits federal contractors from discriminating in employment practices on the basis of race.

“Our investigators and attorneys prevailed despite decades of stalling tactics,” said Solicitor of Labor M. Patricia Smith. “This case demonstrates that the department will not be deterred in our pursuit of justice for job seekers.”

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.

Medtronic To Pay $290,000 In OFCCP Wage Discrimination Lawsuit Settlement

News Release

OFCCP News Release: [09/23/2013]
Contact Name: Ted Fitzgerald or Andre J. Bowser
Email:
Fitzgerald.Edmund@dol.gov or Bowser.Andre.J@dol.gov
Phone Number: (617) 565-2075 or x2074
Release Number: 13-1811-BOS

Medtronic to pay $290,000 in wage discrimination lawsuit settlement

78 Hispanic workers will receive back wages under agreement with US Labor Department

BOSTON — The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has resolved claims of pay discrimination affecting 78 Hispanic workers employed at the Medtronic Interventional Vascular Inc. manufacturing facility in Danvers, Mass.

In court filings, OFCCP alleged that Medtronic, a federal contractor, discriminated against 78 entry-level Hispanic senior production associates by paying them less than their white counterparts, in violation of Executive Order 11246. OFCCP also filed a consent decree memorializing the settlement with the Labor Department’s Office of Administrative Law Judges after the company agreed to resolve the claims.

“Pay discrimination robs workers of the wages they deserve and takes from their families countless opportunities they might have had,” said OFCCP Director Patricia A. Shiu. “Because pay discrimination is often hidden from workers, OFCCP’s enforcement in this area is essential. I am pleased that we were able to work with Medtronic to finally resolve this case, provide compensation to the affected workers and fix the pay practices that led to this disparity in the first place.”

Under the terms of the consent decree, Medtronic will pay the affected workers $290,000 in back wages and interest for pay disparities dating back to April 2008. Furthermore, the company will conduct training on its equal employment opportunity programs for all people involved in making decisions about compensation at the Danvers facility, and ensure that all of their pay practices fully comply with the law.

Medtronic Interventional Vascular Inc. is a wholly-owned subsidiary of Medtronic Inc., based in Minneapolis, Minn. In FY 2012, Medtronic Inc. was awarded more than $33 million in federal contracts to supply medical and surgical equipment as well as laboratory supplies to numerous government agencies, including hospitals associated with the U.S. Department of Veterans Affairs.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.

OFCCP v. Medtronic Inc. and Medtronic Interventional Vascular Inc. Case No. 2013-OFC-0004

ResCare HomeCare Spokane Settles OFCCP Charges of Discrimination Against Male Job Seekers

News Release

OFCCP News Release: [09/12/2013]
Contact Name: Deanne Amaden or Jose A. Carnevali
Phone Number: (415) 625-2630 or x2631
Email:
Amaden.Deanne@dol.gov or Carnevali.Jose@dol.gov
Release Number: 13-1572-SEA

Spokane home care operator settles US Labor Department charges of discrimination against male job seekers

Company will pay back wages and interest to 77 male job applicants, reform hiring practices

SEATTLE — The U.S. Department of Labor’s Office of Federal Contract Compliance Programs announced today that it has entered into a conciliation agreement to resolve allegations of sex discrimination by federal contractor, ResCare HomeCare Spokane. OFCCP investigators determined that ResCare’s selection process violated Executive Order 11246 because it led to systemic hiring discrimination affecting men who applied for in-home care positions between June 2009 and May 2010. The investigation concluded that 77 male job applicants were denied full consideration during the hiring process.

“When we tell our daughters that there are no limits to what jobs they can pursue, we should be mindful that those same aspirations apply to our sons,” said OFCCP Director Patricia A. Shiu. “Outdated stereotypes about women being better suited to caregiving jobs than men perpetuate unlawful and unfair sex discrimination. At OFCCP, we are committed to combating sex stereotyping whenever it gets in the way of equal employment opportunities for qualified workers.”

Though ResCare officials asserted that most of their clients are women and requested female caregivers, the company had no evidence to support this. An overwhelming majority of client care plans contained no gender preference, and when OFCCP contacted a sample of these clients to ask whether they had a gender preference for their caregiver, nearly half of the female clients indicated that they had no gender preference.

Under the terms of the agreement, the company will pay a total of $92,059 in back pay and interest to 77 rejected male applicants. ResCare has also agreed to hire eight members of the affected class as in-home care positions become available. Additionally, the federal contractor agreed to immediately correct any discriminatory practices and undertake extensive self-monitoring measures to ensure that all compensation practices fully comply with the law.

ResCare provides homecare services and in-home senior care, including nursing, therapy, personal care, Alzheimer and dementia care, homemaking, companionship and other services. The Spokane facility is a part of ResCare Inc., based in Louisville, Ky., and it holds approximately $100 million in contracts with the Labor Department’s Employment and Training Administration to operate 15 Job Corps centers across the country and is the program’s second largest center operator in the nation.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.

OFCCP Announces New Regulations to Improve Disability and Veterans Employment

A message from OFCCP Director Pat Shiu

OFCCP - United States Department of Labor

Earlier today, Vice President Biden announced two new rules that represent an historic advance for veterans and individuals with disabilities.  By strengthening longstanding regulations under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act, the new rules will ensure that qualified workers have more meaningful opportunities to find, secure and keep good jobs.

For the first time, these rules provide metrics — management tools that inform decision-making and provide real accountability — to measure federal contractors’ progress toward achieving equal opportunity for people with disabilities and protected veterans.

  • The VEVRAA rule requires contractors to establish an annual hiring benchmark, either based on the national percentage of veterans in the workforce (currently 8%), or based on the best available data and factors unique to their establishments.
  • The Section 503 rule establishes an aspirational 7% utilization goal for the employment of individuals with disabilities.

The rules will also facilitate the success of companies that do business with the federal government, by increasing their access to a large, diverse pool of qualified workers.

The need for these rules is clear – unemployment for certain veterans and persons with disabilities is disproportionately high.

  • Veterans from Iraq and Afghanistan, who have given so much to serve their country, should be able to find employment – yet the annual unemployment rate for post-September 2001 veterans is higher than the rates for all veterans and for nonveterans.
  • The unemployment rate for working-age people with disabilities in 2012 was 15%, compared with a rate of 8% for working age individuals without disabilities.  This substantial disparity persists despite years of technological advances that have made it possible for many people with disabilities to apply for and successfully perform a broad array of jobs.

Being a federal contractor is a privilege — one that comes with the reasonable expectation to abide by the law and provide equal employment opportunity to all workers.  Today’s new rules make those expectations clearer and more meaningful.

The rules will be published shortly in the Federal Register and will take effect 180 days later.   You can read the Final Rules on the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) website at http://www.dol.gov/ofccp/VEVRAARule/ and http://www.dol.gov/ofccp/503Rule/.  There you can also find other information about the new rules.

OFCCP will continue to work with all stakeholders to promote opportunity and access for millions of workers across thousands of workplaces as the new rules are implemented.  Introductory webinars will be held this week (with repeats in September) to provide overviews of the key points of the rules.  You can register for these webinars below.

We look forward to spreading this good news, and encourage you to share it through your communication channels as well.

*******************

OFCCP Webinars on the VEVRAA Final Rule – PLEASE CHOOSE ONE

OFCCP Webinars on the Section 503 Final Rule – PLEASE CHOOSE ONE

L&M Construction To Pay Nearly $113,000 To Settle Sexual Harassment Case with OFCCP

News Release

OFCCP News Release: [07/29/2013]
Contact Name: Leni Fortson or Joanna Hawkins
Phone Number: (215) 861-5102 or x5101
Email:
uddyback-fortson.lenore@dol.gov or hawkins.joanna@dol.gov
Release Number: 13-1460-PHI

L&M Construction to pay nearly $113,000 to settle major sexual harassment case with US Labor Department

Agreement includes back wages and job offers for 14 Hispanic workers

WASHINGTON, D.C. — The U.S. Department of Labor today announced that federal contractor L&M Construction has agreed to settle allegations that it permitted sexual harassment, retaliated against workers who complained about a hostile work environment, and interfered with a federal investigation. The conciliation agreement entered into by L&M and the department’s Office of Federal Contract Compliance Programs resolves these and numerous other violations of law at the company’s construction work sites across the Washington metropolitan area.

In May 2012, OFCCP’s Arlington Area Office scheduled L&M Construction for a compliance review. During a workers’ outreach forum that month, department officials were alerted to complaints of sexual harassment that included inappropriate touching, lewd acts, sexual gestures, comments and propositions directed at female employees of L&M between May 1, 2011 and April 30, 2012. Upon further investigation, OFCCP compliance officers discovered that the company terminated nine employees for complaining about the hostile work environment created by this harassment and then fired five more workers to prevent them from being interviewed during OFCCP’s review. The 14 terminated workers were seven Hispanic men and seven Hispanic women.

“No worker should ever have to put up with degrading and inappropriate behavior in order to keep a job,” said OFCCP Director Patricia A. Shiu. “I hope this settlement sends a clear message to federal contractors — and to the men and women who work for them — that OFCCP will not tolerate retaliation against workers who exercise their rights, nor will we tolerate any efforts to interfere with our investigations.”

Under the terms of the conciliation agreement, L&M Construction will pay $112,573 in back wages to the 14 terminated workers and will make job offers as opportunities become available. The company has agreed to hire an outside party to evaluate and, if necessary, develop its equal employment opportunity and anti-harassment policies. The contractor has also agreed to undertake extensive self-monitoring measures and training to ensure that all of its employment practices fully comply with Executive Order 11246, which prohibits federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex or national origin.

Based in Capitol Heights, Md., L&M Construction provides environmental remediation and restoration services, including asbestos abatement and removal. The company has held more than $1.4 million in federal contracts with federal agencies including the U.S. Department of Commerce’s National Institutes of Standards and Technology, the Social Security Administration, the Federal Bureau of Investigation and the General Services Administration.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For information, call OFCCP’s toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.