ALJ Finds Bank of American discriminated against African-American job applicants

Date: 2/28/10
Title: ALJ Finds Bank of American discriminated against African-American job applicants

OFCCP Press Release - February 2, 2010

From an investigation that begin during an OFCCP compliance review of NationsBank in 1993 led to ALJ Linda Chapman's ruling that Bank of America discriminated against African-American applicants for entry level positions in Charlotte, NC in 1993 and from 2003 to 2005.  During the compliance review, OFCCP determined that NationsBank failed to comply with Executive Order 11246 and discriminated against African-Americans.  After advising NationsBank of its findings of discrimination, the Bank challenged in federal court the OFCCP's authority to conduct the review as a violation of the bank's 4th amendment rights.  Since the bank's challenge failed, the DOL attorneys filed an administrative complaint.  NationsBank again filed a challenge in the administrative forum.  In 2003, the Administrative Review Board ruled that since the bank had consented to the review, there was no 4th amendment violation and also determined that the DOL attorneys were able to address the discrimination claims.

 ALJ Chapman held that the bank intentionally discriminated against African-American clerical, administrative and teller applicants at its Charlotte facility.  After the ALJ issues a recommended decision on the remedy, the case will proceed to the department's Administrative Review Board for a final agency decision.