In-House Judges Jeopardized in New DOL Contractor Watchdog Suit

A contractor is raising constitutional questions over the in-house judges at the Office of Federal Contract Compliance Programs, marking a new strategy for challenging the legality of the agency tasked with enforcing federal contractors’ civil rights responsibilities.

ABM Industry Groups LLC, a janitorial and cleaning services contractor, recently filed a suit against the Labor Department arguing the OFCCP’s administrative law judge system violates its Seventh Amendment right to a jury trial. The company pointed to the US Supreme Court’s ruling this year in SEC v. Jarkesy, claiming the DOL is engaging in an enforcement action that is seeking ...