On December 29, 2016 M. Patricia Smith (Solicitor of Labor)
and Janet M. Herold (San Francisco Regional Solicitor) filed with the Office of
Administrative Law Judges (OALJ) a complaint of denial of access to records
against Google, Inc. Mountain View, CA (a wholly-owned subsidiary of Alphabet,
Inc.). The Solicitor asserts the records
requested are required as part of the Department of Labor’s compliance
evaluation initiated in 2015, and Google’s refusal to provide is in violation
of Executive Order 11246, Section 503 of the Rehabilitation Act, the Vietnam
Era Veterans’ Readjustment Assistance Act, and regulations promulgated
thereunder. Google, Inc. is a Federal contractor meeting the size and dollar
thresholds for compliance. This is not in dispute.
The DOL/OFCCP asserts that the selection of Google, Inc. for
a compliance evaluation was made utilizing its neutral selection system. On or about September 30, 2015 a Scheduling
Letter was sent to Google, Inc. Mountain View, CA. The complaint asserts that
after the original submission of the Affirmative Action Program (AAP) and
compensation data, additional data requests were made of Google, Inc. Specifically, the DOL/OFCCP requested:
- A compensation snapshot (similar to the AAP submission of September 1, 2015) but a year prior (September 1, 2014);
- Job and salary history for employees in the September 1, 2015 snapshot and the September 1, 2014 snapshot date requested above, including:
- Starting salary
- Starting position
- Starting “compa-ratio”
- Starting job code
- Starting job family
- Starting job level
- Starting organization
- Changes to the foregoing
- The names and contact information for employees in the previously-produced AAP snapshot and the requested September 1, 2014 snapshot.On June 17, 2016 Google communicated its refusal to produce the items. On or about September 16, 2016 a Show Cause Notice was initiated against Google, Inc. After sustained non-compliance, the Department of Labor filed for an expedited hearing on the matter, asserting “Google’s conduct breaches the contractual obligations it accepted in exchange for obtaining business from the federal government.” The Solicitor is requesting the OALJ permanently enjoin Google (and its successors, officers, agents, employees, etc.) and direct Google to provide the OFCCP with all of the items requested. Absent compliance, the Solicitor is seeking debarment, contract cancellation, and any other relief available.
Source
: www.dol.gov/ofccp/
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