NT Lakis attorneys are pleased to present our latest summary of recent financial settlements arising from OFCCP complaints and compliance reviews. Consistent with the trend we have witnessed over the last year, this latest batch shows that the agency is continuing its effort to close out relatively longstanding cases, often with substantial monetary awards.
As has also been the case with activity we have seen over the last year, this latest round of settlements features an emphasis by OFCCP on compensation and so-called “steering” claims, along with a few more traditional hiring and recordkeeping cases. The settlements also show that OFCCP continues to find great success in alleging systemic discrimination based primarily on statistical disparities, most often accompanied by the contractor’s inability to produce sufficient records to explain why certain selection or compensation decisions were made.
That said, please keep in mind that just because a contractor decides to settle a dispute with OFCCP does not necessarily mean the agency’s allegations ultimately would have been upheld. OFCCP’s administrative enforcement process is complex and time-consuming, and as a result, a contractor often will settle simply to avoid the burden and cost of potentially protracted litigation, especially where the agency is amenable to reaching a resolution.
Members of the Center for Workplace Compliance (CWC) can read more here.