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OFCCP Letter of Compliance cannot help ward off Equal Pay Act claims

2017-04-10

Case provides an argument for any employers seeking to exclude unfavorable OFCCP audit finding in discrimination lawsuit.

In Dindinger v. Allsteel, Inc. the plaintiffs are women who served as managers in different plants of Allsteel’s operation, and each identified men who earned more than they did.  During the trial, Allsteel presented evidence that the plaintiff’s work was not equal to the male employees and also argued that even if they were comparable, “it paid the plaintiffs less than their male comparators because of economic conditions.” 

Allsteel also tried to introduce that OFCCP had conducted an audit to ensure that the company complied with government contractor requirements, including requirements related to compensating men and women equally.  The 8th Circuit concluded that “admitting the OFCCP’s findings would be unfairly prejudicial because it would suggest to the jury that an official fact-finding body had already decided whether Allsteel had violated the Equal Pay Act.” 
In the end, Allsteel will pay the three female plaintiffs $204,000 in Title VII, Equal Pay Act and Iowa Civil Rights Act case, plus $269,878 in attorney’s fees.  

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.