This week OFCCP announced a pair of settlements in cases alleging systemic hiring discrimination.  The payment of back wages to, and commitment to hire allege victims, were part of the settlements in both cases.  In the most recent settlement, OFCCP alleged a contractor with $35 million in federal contracts denied jobs to 145 female applicants for pharmacy attendant positions. While denying liability, the contractor agreed to hire 11 female class members and pay $400,000 in back wages with interest to the 145 females who were denied positions.

As has been the case in recent OFCCP settlements, both reviews involved alleged discriminatory selection practices in the hiring of entry-level positions with large numbers of applicants.  As part of its allegations in both cases, OFCCP cited to a lack of employment records reflecting the adherence to a consistent hiring practice as part of the contractors’ discriminatory practices.  These cases serve as good reminders that having in place proper record keeping and retention policies as well as accurate applicant tracking protocols, including the use of strategic disposition codes, is essential for defending against claims of alleged discriminatory hiring.

 

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Photo of Laura A. Mitchell Laura A. Mitchell

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with…

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.

In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.

Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.