Posts in Settlements.

An argument can be made.

The proposal to do away with confidentiality in sexual harassment settlements is likely to hurt victims at least as much as it exposes perps.

Laboratory Corporation of America has agreed to pay approximately $200,000 to resolve a matter with Office of Federal Contract Compliance Programs. According to the Conciliation Agreement between the parties, the OFCCP

 found statistically significant adverse impact against females in the selection process for Lab Assistant and that Asians were paid less than similarly situated non-Asian White employees in the Lab Assistant position.

The alleged hiring discrimination resulted in a shortfall of only two females, and the amount of statistical significance was redacted from the Conciliation Agreement posted online by the OFCCP.  To resolve this claim, LabCorp will distribute more than $51,000 to the affected class of female applicants. In addition, the company agreed to revise its selection process, “including the criteria used in each step of the hiring process, any application screens, interviews, tests, credit checks, review of criminal history, reference checks, testing, or other selection procedure;” to review and revise the job description for Lab Assistant “to minimize the potential for gender stereotyping”; and to list the minimum requirements for the Lab Assistant position on all job postings.

To resolve the allegations of compensation discrimination, LabCorp will pay almost $150,000 to Asian Lab Assistants who were allegedly paid less than their White counterparts, even after controlling for legitimate, non-discriminatory factors. In addition, the company must conduct its own regression analysis in six months, and if it reveals statistically significant adverse impact against Asians, LabCorp has agreed to increase their salaries.

Of course, LabCorp’s settlement with the agency is not an admission of liability or wrongdoing.

Louise Davies is an Affirmative Action Paralegal in Constangy’s Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan College in Macon, Georgia.

In February 2016, the Office of Federal Contract Compliance Programs filed an administrative complaint against B&H Foto, the largest non-chain photo and video equipment store in the United States. The Complaint alleged that B&H had discriminated against female, black, and Asian jobseekers by hiring only Hispanic men for entry-level positions.  The OFCCP also alleged that Hispanic employees were harassed, paid less than similarly situated workers, and denied promotions because of their ethnicity.

The agency and the company recently entered into a consent decree, in which B&H agreed to pay $3.22 million in back wages to more than 1,300 affected class members. The company has also agreed to hire a workplace consultant to address its employment practices and workplace conduct. In addition, the company must provide its managers with annual training on EEO principles and on workplace harassment.

By agreeing to the consent decree, the company did not admit any guilt or wrongdoing. The company released a statement denying all of the allegations, but recognizing that litigation would be costly and resolution would allow it to return to business “as usual” with the government.

Just one calorie - not evil enough.

Satanic heavy-metal band Ghost is at risk of having its "evil mystique" ruined by some mundane employment-related disputes with former members of the band, according to an article in The Wall Street Journal. Since WSJ articles are behind a paywall, here is an excerpt:

Ghost, a Swedish heavy-metal band, built a cult following over a decade using demonic ...

Louise Davies is an Affirmative Action Paralegal in Constangy's Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan ...

The Office of Federal Contract Compliance Programs and Palantir Technologies, a California-based technology company, have agreed to settle a pending lawsuit for about $1.7Angelique Lyons million.

We first reported on this case in October 2016. In its complaint, the OFCCP alleged that the Company used a discriminatory hiring process that resulted in a low selection rate for Asians, who ...

This has been a weird year for me. (And, no, I'm not even thinking about the election!) But ITurkeyDrawing.flickrCC.LovelornPoets have much to be thankful for, and I hope you do, too.

BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S. Department of Labor's new rule governing white-collar exemptions under the Fair Labor Standards Act was struck down by a federal judge in Texas. I'll have more on the decision ...

Was the EEOC more laid-back this past fiscal year than it was in FY15?

The U.S. Equal Employment Opportunity Commission issued its Fiscal Year 2016 Performance Report this week (here's the press release, in case you don't want to read all3231-EEOC_SEAL_2 104 pages of the report), and the agency seems to have slowed down a bit, as compared with the prior year.

(The EEOC's fiscal year runs from October 1 ...

Robin Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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