ABM Says DOL’s Contractor Bias Complaint System Is Invalid (1)

A janitorial and cleaning services federal contractor is suing the US Labor Department to move a racial discrimination dispute to federal court, arguing that the agency’s in-house judge system violates its Seventh Amendment right to a jury trial.

ABM Industry Groups LLC’s lawsuit argues that because the DOL’s Office of Federal Contract Compliance Programs is engaging in an enforcement action that is seeking money damages and is essentially a “common law” breach of contract claim, ABM is entitled to a jury trial under US Supreme Court’s ruling this year in SEC v. Jarkesy.

"[A] single agency is simultaneously prosecuting ...