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Bertucci Contracting to pay $70,000 in back pay to 14 minority applicants & extend job offers to settle OFCCP hiring bias allegations

Bertucci Contracting Co. LLC, a federal construction contractor, has agreed to pay $70,000 in back wages and interest to settle OFCCP allegations of hiring discrimination against 14 minority applicants for positions as laborers and deckhands between 2009 and 2011 at Bertucci’s Jefferson, Louisiana facility. Agency investigators determined that the company’s hiring process violated Executive Order 11246 by creating a disparate impact on qualified African-American, Hispanic, Asian and Native American job seekers.

In addition to the back pay and interest, the conciliation agreement requires Bertucci to extend at least six offers of employment — with retroactive seniority — as positions become available. Furthermore, the company will revise its selection process to provide better training for hiring managers, annually review supervisors’ adherence to employment policies and affirmative action obligations, and improve its recruitment efforts in order to avoid future violations.

Bertucci provides a variety of flood control and coastal restoration services, including environmental dredging and disposal, stone placement in vulnerable waterways, and levee construction and armament. In addition to Executive Order 11246, the OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These laws require covered federal contractors and sub-contractors to implement affirmative action programs and to guarantee equal employment opportunity in the workplace without regard to sex, race, color, religion, national origin, disability or status as a protected veteran. During the two-year period reviewed by OFCCP investigators, Bertucci held more than $80 million in government contracts with the U.S. Army, according to an agency statement. As a condition of receiving federal contracts, Bertucci is subject to the equal employment opportunity and affirmative action laws enforced by the OFCCP.

“The people of the Gulf Coast have shown tremendous resilience in the aftermath of Hurricane Katrina, the BP oil spill and the Great Recession,” said OFCCP Director Patricia A. Shiu in the statement. “Our job — and the job of taxpayer-funded construction contractors like Bertucci — is to make sure the doors of opportunity are open for all workers who want to be a part of rebuilding and fortifying their communities. This agreement underscores that commitment by facilitating success for the workers, the company and the government agency involved.”