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DOL Bias Settlements Top $40 Million in Record Haul (1)

Oct. 25, 2019, 6:17 PMUpdated: Oct. 25, 2019, 9:56 PM

The Labor Department obtained more than $40 million from monetary settlements in fiscal year 2019 for workers affected by alleged discrimination—a record amount for the agency, a DOL official told Bloomberg Law.

The DOL’s Office of Federal Contract Compliance Programs in FY 2019 settled bias allegations against federal contractors that include Dell Technologies Inc., Bank of America Corp., and Goldman Sachs. The agency polices federal anti-discrimination law among businesses that work with the government, which employ approximately 25% of Americans.

Fiscal 2019’s settlement total is an approximately 150% increase from the prior year, when the agency collected more than $16 million. The next highest year for monetary collections was 2017, when the agency obtained almost $24 million.

“Through a combination of effective enforcement and proactive compliance assistance, OFCCP has made a major impact on ensuring equal employment opportunity for America’s workforce and will continue to do so in the upcoming year,” OFCCP Director Craig Leen said. “I am very proud of the OFCCP team because they are making a difference for the American workforce.”

Leen previously said FY19 could be the largest year for monetary settlement amounts.

Bloomberg Law reported earlier in October that the agency collected more than $27 million from monetary settlements over the course of fiscal 2019, based on the number of publicly available settlements at the time.

The agency pointed out in its official statement announcing the $40 million collection that many large settlements in FY19 were the result of its “Early Resolution Procedure” program. Agreements that result from this process bring all of a corporation’s locations under OFCCP review, requiring them to routinely submit reports in exchange for five years free of the agency’s random audits. Bank of America, Goldman Sachs, and Dell agreed to that type of settlement.

To contact the reporter on this story: Paige Smith in Washington at psmith@bloomberglaw.com

To contact the editors responsible for this story: Jay-Anne B. Casuga at jcasuga@bloomberglaw.com; Martha Mueller Neff at mmuellerneff@bloomberglaw.com