In the last few weeks, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has announced several settlements worth noting. This continues a trend that began as the Obama Administration was winding down — OFCCP is making a concerted effort to close out relatively longstanding cases, often with substantial monetary awards.
A review of these most recent settlements reveals OFCCP’s focus on so-called “steering” cases, which typically involve an allegation that an employer is intentionally placing female applicants in “women’s jobs” and male applicants into “men’s jobs,” with the result being that women are disproportionately “steered” into less desirable and lower-paying positions.
As a reminder, 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 Equal Employment Advisory Council (EEAC) can read more here.