Continuing its focus on applicant-to-hire-adverse impact, OFCCP announced today a settlement with a New Jersey contractor involving allegations of hiring discrimination against women, African Americans and Asian Americans.

In its press release, OFCCP indicated the contractor aggreed to pay close to $325,000 to a class of nearly 230 applicants who applied for warehouse positions

Despite OFCCP’s recent focus on compensation discrimination, pre-employment testing and good faith efforts for veterans and disabled individuals, the agency continues to investigate and enforce standard hiring discrimination cases.   Two recent OFCCP settlement agreements resolving allegations of hiring discrimination, while not the largest of OFCCP settlements, reinforce OFCCP’s continued commitment to investigate applicant-to-hire adverse impact.


In the recent Tenth Circuit Court of Appeals case, Apsley v. Boeing Co., the Court rejected statistical evidence offered by a class of approximately 700 older workers because the evidence inappropriately lumped together thousands of hiring decisions. 

 Plaintiffs’ statistical evidence analyzed the multi-facility workforce together as a whole and concluded there were five standard deviations