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In June 2018, OFCCP entered into a conciliation agreement with Roche Diagnostics Corporation to settle allegations that the company failed to provide equal employment opportunity for African-American applicants based on race at the Indianapolis, IN facility. The agency alleges this discrimination occurred between March 2011 and March 2013, specifically for Material Handling and Production Technician positions. The conciliation agreement details that the agency’s analysis found adverse impact in hiring against a total of 626 African-American applicants, with a shortfall of five African-American hires for Material Handling positions and three African-American hires for Production Technician positions.
Last week, the EEOC issued a study of the Age Discrimination in Employment Act (ADEA), which implemented in June 1968. The ADEA was among the latter pieces of legislation addressing civil rights for employees in the 1960s.
The EEOC finds the ADEA has eliminated overt age discrimination, however, it remains common—described as an “open secret”—across industries and geographic regions of the US. The report takes aim at false assumptions about older workers, particularly regarding the diversity, education, and work ethic of the older generation.
At the end of April, we reported that U.S. District Judge Mitchell Goldberg issued a preliminary injunction regarding a City of Philadelphia ordinance, which prevents employers from asking about a job applicant’s salary history and using those salary histories to set wages. Judge Goldberg struck down the provision that employers are not able to ask about a job applicant’s prior salary. He indicated there is insufficient evidence that a worker disclosing a salary that may be the result of past discrimination would mean the prospective employer would offer a lower wage. The City did not sufficiently address if lower wages could be the result of non-discriminatory factors such as qualifications or experience, and thus, he ruled it is acceptable for employers to request salary history.
In December 2017, the Communications Workers of America (CWA) filed a lawsuit against several big businesses alleging age discrimination with the use of their social media advertising. Just recently the CWA added more companies to their list. The December suit named Amazon, T-Mobile, Cox Communications, and Cox Media Group. The recent amendment included Ikea and Enterprise Rent-A-Car.
In May 2018, OFCCP entered into a conciliation agreement with Five Star Quality Care (dba Meadowmere and Mitchell Manor) to settle allegations that the contractor failed to hire African-American applicants for Dietary Aides at their West Allis, WI facility. The agency analyzed Meadowmere/Mitchell Manor’s applicant and hiring data during the period of October 2011 through October 2013 and found the contractor’s selection process was ‘subjective and non-uniform’ which resulted in the disproportionate non-selection of African-American Dietary Aide applicants.
On May 18, the Department of Labor issued a press announcement about the publication of a new OFCCP Directive. The Directive extends the enforcement moratorium related to Affirmative Action obligations of TRICARE providers for two years. The freeze has been in effect for four years, and will now expire on May 7, 2021. The original extension was set to end in May 2019. The extension also applies to Veterans Affairs Health Benefits Program (VAHBP) providers.