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OFCCP FY 2017 Settlements Not Publicized


The following conciliation agreements and consent decrees were identified from the OFCCP’s Class Member Locator and FOIA Reading Room; however, were not publicized by OFCCP in a press release.

AmeriQual Group LLC, a food processing company, will pay $325,532 to resolve hiring discrimination allegations at its Evansville, IN facility.  OFCCP concluded that from November 18, 2010 through September 26, 2011 the company discriminated against 221 qualified men who applied for entry-level “Production 1” positions and were not hired. 
OFCCP determined that AmeriQual segregated its production line workforce and based work assignments on gender stereotypes, putting women in “light duty” jobs and men in labor intensive work.  Through interviews with employees and company officials, OFCCP learned that women were selected for table inspector jobs, where most of the hiring occurred, while men were placed in loader and utility positions.  The agency also asserts that the company attempted to create after-the-fact justification for failing to hire male applicants by making notations on “sticky notes” and other documents and then adding them to the files since the notations did not appear on the original documents provided to OFCCP.

A consent decree was signed mid-January 2017 (and approved by the ALJ on 2/1/17) whereby AmeriQual will also extend job offers until 27 male class members from the agreement’s “Priority Employment List” have been hired or until the list is exhausted.  The company must also modify its applicant selection procedures and provide EEO training to hiring managers.

Apex Systems, LLC, a staffing agency, signed a conciliation agreement with OFCCP in November 2017, agreeing to pay $148,500 for alleged hiring discrimination against 82 qualified black applicants who were not hired into recruiter positions in Atlanta, GA.  The company will also extend six job offers and revise its selection procedures and conduct management training.  The period of alleged discrimination was January 1, 2012 through December 31, 2013.

Crossmatch Technologies, a biometric identity management solutions company, entered into a conciliation agreement and agreed to pay $49,305.29 to resolve company discrimination allegations at its FL headquarters.  During a company review in 2013, OFCCP found that 13 women were paid less than their male counterparts.  The company will make pay adjustments and revise it compensation policies and procedures.

John Q. Hammons Hotel Management, LLC, entered into a conciliation agreement in late January 2017 agreeing to pay $47,000 to resolve hiring discrimination allegations at the World Golf Village Resort Hotel in FL.  OFCCP alleged that 75 qualified women who applied for banquet set up and housekeeping positions, from January 1, 2013 through December 31, 2013, were not hired.  Since the property was sold, the current owner, Atrium Hospitality LP, will also extend five job opportunities to eligible class members as openings occur.

LandCare USA, LLC, in a conciliation agreement agreed to pay $161,899 to resolve allegations of hiring discrimination at its Las Vegas, NV facility.  OFCCP alleges that between May 1, 2012 through December 31, 2013, the company discriminated against 243 qualified non-Hispanic applicants who applied for laborer non-driver positions and were not hired.  LandCare will extend 29 job offers and immediately cease using the challenged selection procedures.

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.