Posts Tagged ‘Executive Order 11246’

Oracle in Hot Seat With DOL, Which Complains Company Favors White Men in Pay and Hiring

Oracle, a leading technology company that provides services to the federal government, has a systemic practice of paying Caucasian male workers more than their counterparts in the same job title, which led to pay discrimination against female, African American and Asian employees, the Labor Department charged in a new lawsuit filed last week.

The suit filed with the Office of Administration Law Judges also challenges Oracle’s systemic practice of favoring Asian workers in its recruiting and hiring practices for product development and other technical roles, which resulted in hiring discrimination against non-Asian applicants.

Oracle designs, manufactures, and sells software and hardware products, as well as offers services related to its products to the federal government.

The alleged violations supposedly took place at the company’s Redwood Shores headquarters in California.

Oracle has received hundreds of millions in federal government contracts. As a federal contractor, Oracle is prohibited from engaging in employment discrimination on the basis of race, color, sex, sexual orientation or gender identity or national origin and is required to take affirmative action to ensure that equal employment opportunity is provided to applicants and employees in all aspects of employment. If Oracle fails to provide relief as ordered in the lawsuit, OFCCP requests that all its government contracts be canceled and that it be debarred from entering into future federal contracts.

During the investigation – which began in 2014 – Oracle also refused to comply with the agency’s routine requests for employment data and records, the DOL said.  For example, Oracle refused to provide prior-year compensation data for all employees, complete hiring data for certain business lines, and employee complaints of discrimination.

But now that there is a new administration in town, it’s possible that some of this may be obselete.

At the top of the DOL announcement page is this “Please note:  As of January 20, 2017, information in some news releases may be out of date or not reflect current policies.”


DOL Dings Legal, Business Research Company $1.2M for Underpaying 211 Female Employees

Female employees at LexisNexis Risk Solutions got justice from the U.S. Department of Labor, which announced yesterday it has recovered $1.2 million in back pay and interest on their behalf for sex-based wage discrimination.

The victims of this alleged bias were 211 female employees at the company’s facilities in Alpharetta, Georgia and Boca Raton, Florida.

DOL said that two separate investigations by its  Office of Federal Contract Compliance Programs found that, as of  December 2012 and continuing thereafter, LexisNexis paid 26 female employees in Operational Leadership jobs substantially less than males employed in the same jobs in Boca Raton, Florida.

OFCCP’s investigations further found that, as of December 2012, LexisNexis paid 185 female employees in Operational Leadership jobs substantially less than their male counterparts in Alpharetta, Georgia. The agency found a significant difference in pay in both locations even after taking into account legitimate factors that affect pay level. Executive Order 11246 prohibits federal contractors from engaging in compensation discrimination on the basis of sex.

LexisNexis provides computer-assisted legal and business research and risk management services. During fiscal years 2015 and 2016, the company had millions of dollars in federal contracts with the U.S. Departments of Homeland Security, Justice, Transportation and Labor, and the Office of Personnel Management and the General Services Administration.

Here’s the DOL announcement of the award.

Hog Wild: Hormel Foods To Pay $550K, Hire Women Denied Production Jobs at Neb. Plant

Female employees at a Hormel Food processing plant in Fremont, Nebraska from now on will get a fair shake at getting production jobs.

Thirty seven women will be hired with retroactive seniority and 403 female job applicants denied entry-level production jobs at the company’s Fremont hog-processing facility will share in $550,000 of back pay, under terms of a settlement announced on Tuesday by the U.S. Department of Labor.

The global food manufacturer’s action resolves U.S. Department of Labor findings that the company – a large federal contractor – discriminated in hiring against women in violation of Executive Order 11246.

The company provides food supplies to the U.S. Departments of Agriculture and Defense.

The alleged violations occurred from February 2008 to February 2009.

DOL Updates Sex Bias Rules for Federal Contractors Under Executive Order 11246

The U.S. Department of Labor caught up with the times yesterday, announcing updated rules against sex discrimination by federal contractors and subcontractors for the first time in 40 years

DOL said it was updated the sex discrimination regulations under Executive Order 11246 to “clarify for federal contractors and subcontractors and equal opportunities for both men and women applying for jobs with, or already working for, these employers.”

The final rule updates OFCCP’s sex discrimination regulations to make them consistent with current law. It makes explicit the protections against compensation discrimination; sexually hostile work environments; discrimination based on pregnancy, childbirth or related medical conditions; and discrimination based on unlawful sex stereotypes, gender identity, and transgender status. The regulations also promote fair pay practices.

OFCCP will publish the final rule in an upcoming edition of the Federal Register.

The announcement coincided with the United State of Women summit convened by the White House, which brought together advocates of gender equality and highlighted areas of progress, as well as identify and meet remaining challenges.

LGBT Executive Order Signed by Obama

Executive action that President Obama promised to take on gay and lesbian and transgender discrimination has finally arrived.  On Monday the president signed an executive order forbidding federal contractors and the federal government from discriminating on the basis of sexual orientation and gender identity.

The new executive order amends Executive Order 11246, the cornerstone of the federal contracting program, which already forbids discrimination based on race, color, religion, sex, or national origin. Now it will include discrimination based on sexual orientation.

That change will affect some 30,000 companies employing 28 million Americans. Separately, Obama amended Executive Order 1478, signed by President Richard M. Nixon, which extends similar protections to federal employees.

Over the objections of religious leaders, the executive order does not include a broad exemption for contractors with religious affiliations. However, it does maintain a 2002 executive order signed by President George W. Bush, which allows employers to favor workers of their own faith for religious roles, such as members of the clergy.

Here’s the White House fact sheet on the new order.

Meat Distributor Settles OFCCP Bias Complaint

Any day is a good day to review your company’s hiring practices, especially if you are a government contractor. You don’t want to be caught in a situation of the government rifling through your files if a gender or race bias claim is brought against you because you didn’t give minorities or women a fair chance at employment.

Unfortunately, that lesson came too late for a Midwest-based meat distributor.

Nearly 3,000 applicants rejected for production jobs at various facilities of Cargill Meat Solutions will partake in a two-million-dollar-plus settlement of race and gender discrimination charges brought by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.

The OFCCP, which enforces the nondiscrimination rules for government contractors under Executive Order 11246, among other rules, announced the settlement on Wednesday.

Under the agreement, Cargill will pay $2,236,218 in back wages and interest to 2,959 applicants who were rejected for production jobs at plans in Arkansas, Colorado and Illinois, between 2005 and 2009.

DOL said its investigators had found evidence that the company’s hiring processes and selection procedures discriminated on the basis of race, gender, and ethnicity. There also were widespread recordkeeping violations.

Cargill Meat Solutions, a wholly-owned  subsidiary of Minneapolis-based Cargill Inc., distributes beef, pork and turkey products. Since 2005, Cargill has held federal contracts worth more  than $1.4 billion.

Here’s more on the settlement.

$325K Settlement Closes DOL’s Employment Discrimination Case Against N.J. Dairy Company

Companies that supply U.S. government agencies with milk and other dairy products have to comply with federal contractor nondiscrimination rules just as anyone else doing business with the government.

Among those rules is to have nondiscriminatory hiring processes that give women and minorities an equal shake at being hired.

According to the Office of Federal Contract Compliance Programs, the division of the U.S. Department of Labor that enforces the federal contractor nondiscrimination rules, a dairy operating in New Jersey failed to live up to those obligations.

The OFCCP announced yesterday that federal contractor Cream-O-Land Dairy Inc. has resolved  claims of sex and race discrimination affecting 227 workers who applied for jobs  at the company’s dairy plant in Florence, N.J. An OFCCP review of the facility determined  that the dairy company used a hiring process that violated Executive Order  11246 because it discriminated against women, African Americans and Asian Americans  who applied for warehouse positions in 2010, the announcement said.

You could say that DOL milked this one for all it was worth, obtaining $325,000 in back pay, interest and benefits on behalf of the victims.

Cream-O-Land  Dairy Inc. delivers dairy products to grocery stores, supermarkets and schools  throughout New Jersey, New York, Pennsylvania, Delaware and Connecticut. In Fiscal  Year 2012, Cream-O-Land sold more than $1.5 million worth of products to federal  agencies such as the Federal Prison System, Department of Veterans Affairs,  Defense Commissary Agency, Defense Logistics Agency and Department of the Army.