OFCCP Settlements

Date: 7/22/15
Title: OFCCP Settlements

The following are two recent OFCCP settlements:

Oral Arts Laboratory Inc. will pay $115,000 to resolve allegations of systemic hiring discrimination.  During a compliance review, OFCCP found that from November 2011 to November 2013, 83 women and 19 African Americans were discriminated due to being denied dental lab technician positions, along with 57 men who were rejected for shipping positions.  Oral Arts will extend job offers to at least 19 of the original class members as positions become available. 

Entergy Corporation and nine other federal contractors related to it settle a 3-year dispute with OFCCP about audit selections. The dispute began when, due to various perceived anomalies in the OFCCP’s May 2012 selection of sites for potential audit, Entergy grew concerned that their Fourth Amendment rights were in danger of infringement.  Entergy maintained that the OFCCP had refused to advise them of either the neutral administrative plan which led the OFCCP to select the establishments for potential audit or to advise Entergy of the evidence the OFCCP had, if any, that the companies engaged in conduct that violated one or more of the laws or regulations enforced by the OFCCP.

Under the agreement, reached last month, the OFCCP will administratively close nine of the challenged audits, and began anew two of the others. A 2014 audit of the remaining Entergy establishment will proceed in lieu of the 2012 compliance review of the same facility. In addition, the contractors will withdraw their Freedom of Information Act request currently pending with the OFCCP. 


Disclaimer: 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 U.S. Department of Labor. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.