GE Lighting settles sex discrimination case

Agreement includes $537K for 102 female applicants

GE Lighting LLC has agreed to settle allegations of hiring discrimination following an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs. Under the terms of the agreement, the federal contractor will pay $537,000 in back wages and interest to 102 women who were rejected for entry-level attendant positions at the company's Bucyrus facility. GE Lighting will also extend job offers to at least five of the original class members as positions become available.

"I am pleased that we were able to work out a fair and mutually agreeable resolution with GE Lighting," said OFCCP Director Patricia A. Shiu. "The time is always right to shine a light on any and all barriers to equal opportunity in the workplace, and I encourage women who were previously denied jobs at GE's Bucyrus location to reconsider, secure in the knowledge that they will get a fair shake going forward."

During a scheduled compliance review, OFCCP investigators found that GE Lighting used the WorkKeys test as part of its selection process, even though it was not properly supported by a validation study that satisfies the requirements of the "Uniform Guidelines on Employee Selection Procedures." The agency concluded that GE Lighting's hiring process systematically discriminated against female applicants, a violation of Executive Order 11246, which prohibits federal contractors from discriminating in employment on the basis of sex. GE Lighting has already ceased using the WorkKeys test, revised its selection process to ensure equal opportunity for all applicants and invited women to reapply under the revised hiring procedures. It has also extended one of the five job offers.

GE Lighting is a subsidiary of the Fairfield, Connecticut-based General Electric Co. In the past two years, GE Lighting held more than $1.8 billion in federal contracts to provide machines and equipment to the Air Force, Navy, Army and Defense Logistics Agency.

Source: DOL

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

Data mining giant Westat to pay $1.5M to settle discrimination case

More than 3,600 African American, Asian American, Hispanic and female applicants to benefit

Federal contractor Westat Inc. has agreed to settle allegations that it failed to provide equal employment opportunities to 3,651 African American, Asian American, Hispanic and female job applicants at its Rockville headquarters and at field sites in California, Connecticut, Michigan, Mississippi, New York, North Carolina and Tennessee. The conciliation agreement entered into by Westat and the department's Office of Federal Contract Compliance Programs resolves these and numerous other violations, including a failure to maintain and internally audit its own records.

"For more than 50 years, Westat has effectively harnessed the power of data to produce ground-breaking research," said U.S. Secretary of Labor Thomas E. Perez. "That commitment to data integrity should also be applied to its employment practices so that every worker has a fair shot at getting a good job and company leadership understands exactly who is getting hired and why."

During a scheduled compliance review, OFCCP investigators discovered that Westat used a selection process that systematically discriminated against 2,153 African American, 825 Asian American and 35 Hispanic job applicants for research analyst, programmer analyst, telephone data collector and field data collector positions, as well as 638 female applicants for survey process staff positions, between Oct. 1, 2008, and Sept. 30, 2009. 
 
Under the terms of the settlement, Westat will pay a total of $1,500,000 in back wages and interest to 3,651 affected applicants and make 113 job offers to the original class members as positions become available. The company has also agreed to preserve and maintain all employment records, correct record-keeping violations, conduct internal audits, and perform outreach and positive recruitment activities. These efforts are integral to compliance with Executive Order 11246, which prohibits federal contractors from discriminating in employment on the basis of race, color, religion, sex or national origin.

Westat is one of the leading research and statistical survey organizations in the United States. Over the past six years, the company has held more than $2.8 billion in federal contracts with agencies including the U.S. Departments of Agriculture, Commerce, Defense, Education, Energy, Labor, Health and Human Services, Transportation, Treasury and Veterans Affairs.

Source: DOL

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

New Scheduling List

Source: Workplace FYI

The OFCCP offices in the Mid-Atlantic region have received new lists of contractors to schedule for desk audits. Contractors should alert HR and executive personnel to watch for compliance review letters during the busy holiday season. Additionally, contractors receiving notices from the Baltimore District Office should look for a new return address included with the compliance review notice.

The OFCCP's Early Warning System - Did You Get One?

Corporate Scheduling Announcement Letters (CSAL), dated June 29th, have been sent by the Office of Federal Contract Compliance Programs (OFCCP).

The OFCCP has developed the CSAL to keep federal contractors informed in the event of a potential compliance evaluation. If there is an actual compliance evaluation, federal contractors will receive a scheduling letter, with detailed submission instructions on what to submit for evaluation within a 30 day timeframe.

The CSAL, generally addressed to the Chief Executive Officer, is notification to a corporation that one or more of its establishments are on the list of contractor establishments selected to undergo a compliance evaluation during the scheduling cycle. The CSAL should be considered an "early warning" of a compliance evaluation at ANY establishment within your company. If your company has received a CSAL, it is critical that preparations begin now.

To gain more information on what is involved in preparing for a Compliance Evaluation, visit our Learning Library and select

"Understanding Compliance Evaluations"

You will learn what to do when an actual Scheduling Letter is received, the various types of compliance evaluations, best practices in preparation for your audit and the most frequently cited violations by the OFCCP.

For more information on our COMPLIANCE EVALUATION preparation and representation services or a better understanding of what you should do if your company received a CSAL, please call (800) 330-9000, or click here to schedule a convenient time to receive a call from a member of our Sales Team.

See a sample CSAL

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