The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) is continuing to reach financial settlements of pending enforcement actions with federal contractors since the Biden Administration assumed office, but thus far is announcing them at a far slower pace than during the Trump Administration.
Since our last update in January, OFCCP has posted just five new financial settlements to its Freedom of Information Act (FOIA) Library, one of which was actually settled at the end of the prior administration but only recently posted.
This latest batch includes two Early Resolution Conciliation Agreements (ERCAs) and three standard Conciliation Agreements (CAs). Three of the settlements involve alleged hiring disparities, one involves alleged compensation disparities, and one involves both alleged hiring and compensation disparities. In addition to the summaries below, we’ve also attached a CWC-prepared chart that shows the metrics of each settlement.
As a reminder, the vast majority of formal OFCCP enforcement actions alleging discrimination by a federal contractor are resolved through a negotiated settlement (conciliation agreement), and they rarely contain any admission of wrongdoing by the contractor.
Members of the Center for Workplace Compliance (CWC) can read more here.