July 31, 2021

Volume XI, Number 212

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OFCCP Announces Systemic Hiring Discrimination Settlements

This week OFCCP announced a pair of settlements in cases alleging systemic hiring discrimination.  The payment of back wages to, and commitment to hire allege victims, were part of the settlements in both cases.  In the most recent settlement, OFCCP alleged a contractor with $35 million in federal contracts denied jobs to 145 female applicants for pharmacy attendant positions. While denying liability, the contractor agreed to hire 11 female class members and pay $400,000 in back wages with interest to the 145 females who were denied positions.

As has been the case in recent OFCCP settlements, both reviews involved alleged discriminatory selection practices in the hiring of entry-level positions with large numbers of applicants.  As part of its allegations in both cases, OFCCP cited to a lack of employment records reflecting the adherence to a consistent hiring practice as part of the contractors’ discriminatory practices.  These cases serve as good reminders that having in place proper record keeping and retention policies as well as accurate applicant tracking protocols, including the use of strategic disposition codes, is essential for defending against claims of alleged discriminatory hiring.

Jackson Lewis P.C. © 2021National Law Review, Volume V, Number 287
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About this Author

Mickey Silberman, Labor and Employment law attorney, Jackson Lewis Law firm, Principal
Principal

Mickey Silberman is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. He is the Chair of the Jackson Lewis Affirmative Action & OFCCP Defense Practice Group and the Co-head of the firm’s Pay Equity Resource Group.

Mr. Silberman and the practice group annually prepare thousands of affirmative action plans for employers in all industries and throughout the country. During the past several years, Mr. Silberman has directed the defense of hundreds of OFCCP audits, including successful defense of Corporate Management (“glass ceiling”) Reviews....

303-225-2400
Laura Mitchell, Jackson Lewis, Management Representation lawyer, Contractual Drafting Attorney
Principal

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She represents management exclusively in all areas of employment law, focusing on affirmative action and government contractor compliance.

Ms. Mitchell is a Principal in the firm’s Affirmative Action and OFCCP Defense practice group, representing government and non-government contractors in Office of Federal Contract Compliance Programs (OFCCP) matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming...

303-225-2382
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