Savannah River Nuclear Solutions to pay employees in wage discrimination settlement

Investigators find federal contractor underpaid some female and African American workers

 

Savannah River Nuclear Solutions will pay $234,895 and review its personnel policies to resolve allegations of systemic pay discrimination at its site in Aiken. A compliance review by the U.S. Department of Labor's Office of Federal Contract Compliance Programs found that the management company for the Savannah River nuclear site discriminated against women in some engineering, technical and administrative positions. The review also determined that African Americans were underpaid in certain operation specialist positions.

"Workers often don't know how their pay compares with that of their colleagues, so discrimination like this can go undetected. That's why OFCCP's ability to conduct audits of contractors' pay practices is critical to closing pay gaps based on race and gender," said OFCCP Director Patricia A. Shiu, who represents the department on President Obama's National Equal Pay Enforcement Task Force.

OFCCP investigators determined that from 2009 to 2010, Savannah River paid 57 female employees less than their male counterparts, and 15 African American employees less than their white counterparts. The agency found a statistically significant difference in pay even after taking into account legitimate factors affecting pay. The company denied liability, but entered into a conciliation agreement to resolve the alleged violations.

"Women and African Americans are underrepresented in the science, technology, engineering and mathematics professions. It is disturbing that at Savannah River, we found that many were employed in a STEM job, but were paid less than male or white counterparts because of discrimination," said OFCCP Southeast Regional Director Samuel Maiden.

Executive Order 11246 mandates that federal contractors must not discriminate in pay or other compensation on the basis of sex or race. Savannah River is a federal contractor.

In addition to back pay, the company will evaluate whether promotion decisions, performance evaluation ratings, procedures for assigning work, training opportunities, leave policies, assigning applicants to jobs, and limiting job transfers have a negative effect on compensation of women and African Americans.

Savannah River will also develop new policies to eliminate practices that affect compensation of women and African Americans adversely. The company will conduct an annual compensation analysis during the term of the conciliation agreement. If the analysis shows systemic race- or gender-based pay disparities, Savannah will increase the salaries of women and African Americans.

A partnership of Fluor Corp., Honeywell International Inc. and Newport News Nuclear Inc., Savannah River Nuclear Solutions has a contract to maintain and operate the Savannah River site, a nuclear reservation built in the 1950s. It is the only source for new tritium gas for the U.S. nuclear weapons stockpile and the corporate laboratory for the U.S. Department of Energy's environmental management work, which includes nuclear material disposition, waste management and environmental cleanup. Obligated contract amounts range from $2.5 billion in 2009 to $948 million in 2014 and more than $500 million in 2015.

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.

Baltimore staffing agency allegedly harassed, discriminated against and allowed assault and abuse of Hispanic employees

Suit also alleges discrimination against non-Hispanics, intentional underpayment of women

A Baltimore staffing agency for federal contractors allegedly hired Hispanic construction laborers, and then harassed and discriminated against them. It also allowed supervisors of other federal contractors to assault them physically, make racial slurs, and threaten them with deportation. The allegations were made in a lawsuit filed by the U.S. Department of Labor's Office of Federal Contract Compliance Programs.

The suit also alleges that WMS Solutions LLC discriminated against non-Hispanic applicants, intentionally paid female workers less per hour than males and assigned fewer work hours to African American, Caucasian and female laborers.

The department alleges that since at least Feb. 1, 2011, WMS favored hiring Hispanic laborers, and that company managers knowingly permitted abusive practices by supervisors at their work sites. In addition to physical and verbal abuse and harassment, supervisors intimidated laborers with videos of detained and deported Hispanic workers. Despite knowing of the illegal harassment, WMS managers took no action to stop it.

"WMS allowed workers it hired to be exploited and abused. It denied job opportunities to qualified workers based on race and ethnicity. It underpaid female workers and assigned fewer work hours based on race and gender," said OFCCP Director Patricia A. Shiu. "We have taken action on behalf of these workers. OFCCP is prepared to use every tool at its disposal to ensure that no federal contractors and subcontractors engage in discrimination or harassment."

OFCCP discovered the company's discriminatory practices in its review to determine WMS' compliance with Executive Order 11246. The order prohibits federal contractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin. OFCCP filed its complaint with the department's Office of Administrative Law Judges after it did not secure an agreement from WMS to pay back wages and interest to the affected workers; extend job offers to the rejected applicants; and provide a working environment for its employees free of harassment, intimidation and coercion.

WMS is a Baltimore-based company specializing in asbestos removal and demolition. The company provides laborers to federal contractors performing construction work on projects in the Washington, D.C., area. At the time that the alleged discrimination and harassment occurred, the company held federal construction subcontracts totaling more than $6 million for projects involving the General Services Administration, National Institutes of Health and U.S. Department of the Navy.

Source: OFCCP

This information is intended to be educational and should not be considered legal advice on any specific matter.

That Was Then. This Is Now.

The Labor Department announced a plan on January 28, 2015 to modernize outdated guidelines on sex discrimination. The proposal addresses a myriad of issues from sexual harassment, pay discrimination and pregnancy accommodations to safeguards for transgender workers and combating hostile work environments. Donna Lenhoff, a civil rights specialist at the Department of Labor, discusses the need for these new rules.

In 1970, less than 0ne-third of married women with children under the age of six participated in the labor force. Today, that figure has more than doubled.

In 1970, some states had “protective laws” that explicitly barred women from certain jobs or, for example, prohibited women from continuing to work once they became pregnant. Employers would advertise jobs in sex-segregated newspaper columns – women’s work separate from men’s work. And it was not uncommon for employers to make their female employees retire at earlier ages than their male counterparts.

In 1970, the Supreme Court had not yet recognized that sex stereotyping and sexually hostile work environments could constitute unlawful sex discrimination. Congress had not yet enacted the Pregnancy Discrimination Act, requiring employers to treat pregnancy the same as other conditions that similarly affect a person’s ability to work.

And in 1970, the Department of Labor’s Office of Federal Contract Compliance Programs adopted its Sex Discrimination Guidelines under Executive Order 11246, which prohibits sex discrimination in employment by federal contractors and subcontractors.

Those guidelines have not been substantially updated since 1970.

Click to view the full-size timeline of laws about sex discrimination in the workplace.

 

OFCCP’s guidelines were designed to address laws and employment practices as they existed 45 years ago. They read almost like a history textbook, a relic of our past. They certainly do not address the changes to the law that have occurred since they were written, nor the barriers to equal opportunity and fair pay that women continue to face in the workplace today.

Today, women who work full-time earn only 78 cents on the dollar compared to men. Sex segregation remains widespread; women are underrepresented in higher-level and more senior jobs. Women still report that they have been discriminated against because of pregnancy. Assumptions that family caregiving responsibilities will interfere with work performance still limit opportunities. Sexual harassment remains pervasive, especially in jobs that are not considered traditional for women.

Progress has been happening on all these fronts – in courtrooms and city halls and state legislative chambers across the country. In the past year alone, Illinois, Delaware, Maryland, Minnesota, New Jersey and West Virginia have enacted legislation requiring employers to provide accommodations, such as stools to sit on or light-duty assignments, to pregnant workers.

Now, it’s time – past time, really – for us to do our part. We announced a proposal to finally revise OFCCP’s Sex Discrimination Guidelines so that they reflect changes in the law and in the workplace that have taken place since 1970. Our Notice of Proposed Rulemaking will be published in the Federal Register this Friday, and we invite you to share your feedback on it by going to www.dol.gov/ofccp/SDNPRM. The comment period closes on March 31.

Our revisions of these guidelines are about good government. They’re about ensuring that both women and men are treated fairly in the workplace. And they will provide employers with much needed clarity in understanding their obligations under the law.

Source: DOL Donna Lenhoff is the senior civil rights advisor in the department’s Office of Federal Contract Compliance Programs.

This information is intended to be educational and should not be considered legal advice on any specific matter.



Johns Hopkins University's Applied Physics Laboratory settles race and sex discrimination case with US Labor Department

Two former employees will receive nearly $360K in back wages and damages

The Applied Physics Laboratory at Johns Hopkins University will pay $359,253 to settle allegations of discrimination made by two African American women who were employed at its Laurel, Md. facility. An investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs determined that the lab violated Executive Order 11246, which prohibits federal contractors from discriminating in employment on the basis of race or sex.

"All workers deserve to be treated fairly, and when they are not, they should be able to report it without fear of being harassed or retaliated against," said OFCCP Director Patricia A. Shiu. "I am pleased that we were able to achieve a fair and just remedy for these two women and to ensure that the laboratory removes barriers to equal opportunity in the workplace."

OFCCP's investigation began in June 2010, after an African American woman filed a complaint alleging that she had been subjected to a hostile work environment at the APL. When she tried to pursue a complaint through the lab's own equal employment opportunity process, she was harassed, retaliated against and, ultimately, fired. During its investigation, OFCCP received a second complaint in November 2010 from another African American woman alleging that she had been subjected to pay discrimination and a hostile work environment at the APL. OFCCP compliance officers found that the lab had indeed discriminated against the two former employees because of their race and because they engaged in protected equal employment opportunity activities.

The investigators also confirmed that the second employee was paid less than her similarly-situated male colleagues, and that the APL had subjected both women to a hostile work environment by retaliating against them for filing EEO complaints and by allowing them to be harassed. This retaliation culminated in the firing of one employee and the resignation of the other.

In addition to significant financial remedies it will pay to the affected women, the APL has agreed to revise its policies and procedures to eliminate harassment, intimidation, coercion or retaliation in its workplace. The lab will also ensure that its internal complaint process is free of undue influence and will post notices in English and Spanish to inform employees of their rights against employment discrimination. Finally, managers and employees with responsibilities for hiring, preparing performance plans, determining compensation or making transfer, promotion, or discharge decisions will be trained on all federal equal employment opportunity laws.

Johns Hopkins University and its associated hospital constitute the largest employer in Maryland. A division of the university, the APL supports national security, space science and other civilian research and development initiatives. From 2009 to 2014, the APL received more than $3.6 billion in taxpayer-funded federal contracts with agencies such as the U.S. Departments of Defense, Commerce and Homeland Security.

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.

Implementing Executive Order 13672

Implementing Executive Order 13672 Prohibiting Discrimination Based on Sexual Orientation and Gender Identity.

On July 21, 2014, President Obama signed Executive Order 13672 which amended Executive Order 11246 to specifically add sexual orientation and gender identity to the protected bases.  During this introductory webinar we will provide an overview of the new regulations including important dates to remember, which contracts are covered, and other changes made by the regulations. 

On December 9, 2014, the OFCCP will host a live repeat of this introductory webinar. Over the next several weeks, OFCCP will present other webinar opportunities that will provide more detail about the implementation of these new regulations.

Topic:           Implementing Executive Order 13672 Regulations
Presenters:   Naomi Levin, OFCCP, Division of Policy and Program Development
                    Adam Pulver, DOL, Office of the Solicitor                                   
Date:            Friday, December 5, 2014
Time:            2:00 to 3:00 p.m., Eastern Standard Time
Registration Link:
https://dolevents.webex.com/dolevents/onstage/g.php?MTID=ea32d9804490095aada4f9a8eda0e7340 

Source: OFCCP

This information is intended to be educational and should not be considered legal advice on any specific matter.

Final Rule to Protect Workers from Discrimination Based on Sexual Orientation and Gender Identity

The U.S. Department of Labor announced on December 3rd a new rule prohibiting discrimination on the bases of sexual orientation and gender identity in the federal contracting workforce. 

The rule implements Executive Order (EO) 13672, which was signed by President Obama on July 21.  EO 13672 tasked the department with updating the rules implementing EO 11246 to add gender identity and sexual orientation to the classes it protects.  While 18 states, the District of Columbia and many businesses, large and small, already offer workplace protections to lesbian, gay, bisexual and transgender employees, July's executive order was the first federal action to ensure LGBT workplace equality in the private sector. 

The rule implementing this EO will become effective 120 days after its publication in the Federal Register and will apply to federal contracts entered into or modified on or after that date.  More information is available on the Office of Federal Contract Compliance Programs Web site at http://www.dol.gov/ofccp/LGBT/.

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.