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More FY 2017 OFCCP settlements not publicized via agency press releases

By Cynthia L. Hackerott, J.D.

The OFCCP’s practice of posting online (via its Class Member Locator webpage and FOIA Reading Room) some conciliation agreements and consent decrees for which the agency did not issue a corresponding press release continues. The following is a listing of such agreements not previously reported by Wolters Kluwer. In all of the cases listed below, the contractor did not admit liability.

Compass Group USA, Inc. Compass Group USA, Inc. (Compass), a hotel and hospitality services establishment, will pay a total of $29,921.16 to resolve allegations of hiring discrimination at its Morrison Sector @ Mobile Infirmary, #1055 facility located in Mobile, Alabama. Through a compliance review, the OFCCP determined that from March 1, 2012 through January 31, 2013, the federal contractor discriminated against 189 qualified black applicants who applied for “Service Worker” positions and were not hired. Under a conciliation agreement, signed between February 15 and March 2, 2017, the contractor will also extend eight job opportunities to eligible class members as positions become available.

John W. Stone Oil Distributor, LLC. In a conciliation agreement, signed between March 14 and 21, 2017, John W. Stone Oil Distributor, LLC, a company that supplies dockside, midstreaming and offshore fueling, agreed to pay $271,444 in back pay and $28,556 in interest to resolve allegations that it discriminated against 51 qualified minorities who applied for “Deckhand” positions at its Gretna, Louisiana, facility and were not hired. Pursuant to the agreement, JW Stone will also extend 10 job opportunities. The period of alleged discrimination is August 28, 2012 through August 27, 2014.

Land O’ Lakes, Inc. Settling allegations of gender-based pay discrimination at its facility in Shoreview, Minnesota, Land O’Lakes, Inc. has agreed to pay $42,000 to 14 female “Livestock Production Specialists” whom the OFCCP asserts, as of May 29, 2009, were paid less than their male counterparts. The OFCCP determined that there was a pay disparity through a multiple regression analysis. Workers in those positions sell feed and related products and, according to the agency, the pay disparity was caused by discriminatory duty assignments, sales incentive pay programs, and pay increases that negatively affected females. Under a conciliation agreement signed in March 2017, Land O’ Lakes also agreed to revise relevant policies, and complete a regression analysis of compensation data as of December 31, 2016, for workers in the position at issue. In addition, the contractor will complete a study to evaluate whether promotion decisions, performance evaluations, work assignments, training opportunities, and transfer opportunities are having a disproportionately negative effect on pay equity.

Nebraska Medical Center. Nebraska Medical Center, a complex of hospitals, medical clinics and healthcare colleges, will pay $275,000 to resolve OFCCP allegations that it discriminated against 137 qualified black applicants who applied for “Psych/Clerk Patient Care Tech” and “Clerk/Patient Care Technicians (CNAs)” positions at the contractor’s Omaha, Nebraska facility. The agency alleges that this discrimination occurred from January 1, 2007 through June 30, 2008. Under a conciliation agreement, signed between April 28 and May 9, 2017, the contractor will also extend 23 job opportunities as well as review and evaluate policies affecting hiring selection process.

Oil State Skagit Smatco, LLC. Through a conciliation agreement signed in February 2017, Oil States Skagit Smatco, LLC has agreed to pay $65,000 in back pay and interest that it discriminated against minority applicants for “Mechanic I” positions at its Houma, Louisiana establishment between August 15, 2011 through April 4, 2013. The contractor, which provides offshore equipment and services, also agreed to extend job offers to seven eligible class members and remedy other specified deficiencies with its hiring process, including failing to maintain records, to set a placement goal, and to list job openings with the state workforce agency or local employment service delivery system as required under VEVRAA.

Setex Inc. Manufacturer Setex, Inc., will pay $293,760 to resolve hiring allegations against 63 qualified applicants for “Assembly Technician” positions at its Saint Mary’s, Ohio facility. The conciliation agreement, signed on May 1st and 2nd, 2017, also provides that Setex will extend job offers until 10 eligible class members are placed into the assembly technician positions and that the contractor will revise its selection procedures. The period of alleged discrimination is January 1, 2012 and December 31, 2013.

Sno–White Linen & Uniform Rental. Pursuant to a conciliation agreement signed April 17 and 20, 2017, Sno–White Linen & Uniform Rental, a privately owned industrial laundry and uniform rental company, will pay $90,000 to resolve allegations that it discriminated against 103 whites who were not hired into “Laborer” positions, and 15 whites and 8 females who were not hired into “Route Driver” positions at its Colorado Springs, Colorado facility. Sno–White has also agreed to extend 30 job offers to white class members for Laborer positions, as well as three job offers to white class members and one job offer to a female class member into the Route Driver position. The OFCCP alleges this discrimination occurred between November 2011 and July 2014.