Outsolve!
Overview of Article. On September 13, 2011, the U.S. Department of Labor (“DOL”) Administrative Review Board signed an Order approving a Consent Decree between the DOL’s Office of Federal Contract Compliance Programs (“OFCCP”) and Manheim Auctions, Inc. (“Manheim Auctions”), a wholesale vehicle remarketer, and Manheim Auctions Government Services, LLC d/b/a/Manheim Government Services (“MAGS”), to settle an OFCCP Administrative Complaint against Manheim. In June of this year, a DOL Administrative Law Judge (“ALJ”) ruled that Manheim Auctions, which had more than 50 employees but no Federal contracts, operated as a “single entity” with MAGS, a subsidiary with many Federal contracts but with fewer than 50 employees, therefore resulting in both entities being subject to OFCCP jurisdiction and affirmative action requirements. Under the terms of the Consent Decree, Manheim Auctions and MAG agreed to voluntary debarment.
Full Story: http://www.outsolve-hr.com/newsdetail.aspx?id=109
To see the Administrative Review Board order, click here: http://www.oalj.dol.gov/PUBLIC/ARB/DECISIONS/ARB_DECISIONS/OFC/11_060.OFCP.PDF
Showing posts with label consent decree. Show all posts
Showing posts with label consent decree. Show all posts
Tuesday, October 25, 2011
Wednesday, January 5, 2011
Supervalu / Jewel-Osco to Pay $3.2 Million under Consent Decree for Disability Bias
U.S. Equal Employment Opportunity Commission
PRESS RELEASE 1-5-11
EEOC Charged Failure to Accommodate Scores of Discharged Workers in ADA Class Action
CHICAGO – A federal judge today signed a consent decree for $3,200,000 and extensive remedial relief resolving the U.S. Equal Employment Opportunity Commission’s (EEOC) disability discrimination lawsuit against supermarket giants SUPERVALU INC., American Drug Stores LLC, and Jewel Food Stores, Inc. (collectively referred to as “Jewel-Osco”).
According to the EEOC, Jewel-Osco had a policy and practice of terminating employees with disabilities at the end of medical leaves of absence rather than bringing them back to work with reasonable accommodations. Approximately 1,000 employees of the defendants’ Jewel-Osco stores in the greater Chicago area were allegedly terminated under this policy since 2003, the EEOC said. Not all of these former employees wished to participate in the suit or were found eligible by the EEOC.
Such alleged conduct violates the Americans With Disabilities Act (ADA). The EEOC filed suit in U.S. District Court for the Northern District of Illinois (Case No. 09-cv-5637) after first attempting to reach a pre-litigation settlement through its conciliation process.
The consent decree resolving the case, signed this morning by Federal District Chief Judge Ronald Guzman, provides for a fund in which 110 individuals will share, bringing the average award to approximately $29,000 per claimant. In addition to the monetary relief, Jewel-Osco is required to ensure that its employees involved in making accommodation decisions undergo training on the requirements of the ADA and on the types of accommodations that are available to return their employees to the workplace.
Jewel-Osco will also hire consultants to review and recommend changes to its current job descriptions, ensure that the descriptions of the physical requirements of the job are accurate and provide recommendations on possible accommodations to common work restrictions in various positions in the stores. The company will have to report regularly to the EEOC on its efforts to accommodate employees with disabilities who are attempting to return from medical leaves of absence. Furthermore, Jewel-Osco will revise its communications with such employees to assure them that they need not be 100% healed in order to be considered for a return to work, and to inform them of some of the types of accommodations that may be available to them if they are considering returning to work with medical restrictions.
“This very important settlement underscores the EEOC’s commitment to vigorous enforcement of the Americans With Disabilities Act and to ensuring that all workers receive fair and equal treatment in the workplace,” said EEOC Chair Jacqueline A. Berrien.
Regional Attorney John Hendrickson of the EEOC’s Chicago District Office said, “It is vital that employers understand that the primary goal of the ADA is to allow people with disabilities to be active and productive members of the work force,” “Sending them home, with reduced or no pay, and without the ability to advance, thwarts that purpose. I am concerned that some employers believe that keeping an employee who is able to work off the job and on a leave of absence is a reasonable accommodation relieving them of further obligations under the ADA. Such a belief could lead to costly mistakes.”
EEOC Supervisory Trial Attorney Gregory Gochanour added, “We are very pleased with the resolution of this case. Not only have we obtained significant financial relief for a large number of former Jewel and Osco employees, the employment practices that these stores use will be greatly improved. This is a win for the employees and a win for the company as well--it will retain employees who would have been discharged in the past, and so will continue to receive their productive and valuable services.”
In addition to Hendrickson and Gochanour, the EEOC was represented by Chicago Trial Attorneys Ethan Cohen, Gordon Waldron, Aaron DeCamp, Laurie Elkin, Deborah Hamilton, Richard Mrizek and Grayson Walker. EEOC attorneys from Milwaukee, Minneapolis, Detroit, Indianapolis and St. Louis also participated in the litigation. According to Hendrickson, the EEOC’s utilization of attorneys from numerous offices was consistent with the agency’s adoption of a “national law firm model” approach to important cases challenging systemic discrimination, and “it demonstrates once again that EEOC has the capability to successfully litigate large cases against major employers.”
The EEOC Chicago District Office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa, and North and South Dakota, with Area Offices in Milwaukee and Minneapolis.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the agency is available on its web site at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/1-5-11a.cfm
PRESS RELEASE 1-5-11
EEOC Charged Failure to Accommodate Scores of Discharged Workers in ADA Class Action
CHICAGO – A federal judge today signed a consent decree for $3,200,000 and extensive remedial relief resolving the U.S. Equal Employment Opportunity Commission’s (EEOC) disability discrimination lawsuit against supermarket giants SUPERVALU INC., American Drug Stores LLC, and Jewel Food Stores, Inc. (collectively referred to as “Jewel-Osco”).
According to the EEOC, Jewel-Osco had a policy and practice of terminating employees with disabilities at the end of medical leaves of absence rather than bringing them back to work with reasonable accommodations. Approximately 1,000 employees of the defendants’ Jewel-Osco stores in the greater Chicago area were allegedly terminated under this policy since 2003, the EEOC said. Not all of these former employees wished to participate in the suit or were found eligible by the EEOC.
Such alleged conduct violates the Americans With Disabilities Act (ADA). The EEOC filed suit in U.S. District Court for the Northern District of Illinois (Case No. 09-cv-5637) after first attempting to reach a pre-litigation settlement through its conciliation process.
The consent decree resolving the case, signed this morning by Federal District Chief Judge Ronald Guzman, provides for a fund in which 110 individuals will share, bringing the average award to approximately $29,000 per claimant. In addition to the monetary relief, Jewel-Osco is required to ensure that its employees involved in making accommodation decisions undergo training on the requirements of the ADA and on the types of accommodations that are available to return their employees to the workplace.
Jewel-Osco will also hire consultants to review and recommend changes to its current job descriptions, ensure that the descriptions of the physical requirements of the job are accurate and provide recommendations on possible accommodations to common work restrictions in various positions in the stores. The company will have to report regularly to the EEOC on its efforts to accommodate employees with disabilities who are attempting to return from medical leaves of absence. Furthermore, Jewel-Osco will revise its communications with such employees to assure them that they need not be 100% healed in order to be considered for a return to work, and to inform them of some of the types of accommodations that may be available to them if they are considering returning to work with medical restrictions.
“This very important settlement underscores the EEOC’s commitment to vigorous enforcement of the Americans With Disabilities Act and to ensuring that all workers receive fair and equal treatment in the workplace,” said EEOC Chair Jacqueline A. Berrien.
Regional Attorney John Hendrickson of the EEOC’s Chicago District Office said, “It is vital that employers understand that the primary goal of the ADA is to allow people with disabilities to be active and productive members of the work force,” “Sending them home, with reduced or no pay, and without the ability to advance, thwarts that purpose. I am concerned that some employers believe that keeping an employee who is able to work off the job and on a leave of absence is a reasonable accommodation relieving them of further obligations under the ADA. Such a belief could lead to costly mistakes.”
EEOC Supervisory Trial Attorney Gregory Gochanour added, “We are very pleased with the resolution of this case. Not only have we obtained significant financial relief for a large number of former Jewel and Osco employees, the employment practices that these stores use will be greatly improved. This is a win for the employees and a win for the company as well--it will retain employees who would have been discharged in the past, and so will continue to receive their productive and valuable services.”
In addition to Hendrickson and Gochanour, the EEOC was represented by Chicago Trial Attorneys Ethan Cohen, Gordon Waldron, Aaron DeCamp, Laurie Elkin, Deborah Hamilton, Richard Mrizek and Grayson Walker. EEOC attorneys from Milwaukee, Minneapolis, Detroit, Indianapolis and St. Louis also participated in the litigation. According to Hendrickson, the EEOC’s utilization of attorneys from numerous offices was consistent with the agency’s adoption of a “national law firm model” approach to important cases challenging systemic discrimination, and “it demonstrates once again that EEOC has the capability to successfully litigate large cases against major employers.”
The EEOC Chicago District Office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa, and North and South Dakota, with Area Offices in Milwaukee and Minneapolis.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the agency is available on its web site at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/1-5-11a.cfm
Friday, June 11, 2010
US Department of Labor settles hiring discrimination case with The Wackenhut Corp. in Aurora, Colo.
News Release
OFCCP News Release: [06/09/2010]Contact Name: Rich Kulczewski
Phone Number: (303) 844-1302
Release Number: 10-0736-DEN
US Department of Labor settles hiring discrimination case with The Wackenhut Corp. in Aurora, Colo.
Company agrees to pay $290,000 to 446 African-American job applicants
DENVER — The U.S. Department of Labor's Office of Federal Contract Compliance Programs has announced that The Wackenhut Corp., doing business as G4S Wackenhut, has entered into a consent decree to settle findings of hiring discrimination at its Aurora, Colo., facility. The consent decree settles OFCCP's allegations that Wackenhut engaged in hiring discrimination against 446 rejected African-American applicants for the position of traditional security officer for a two-year period. Wackenhut is headquartered in Palm Beach Gardens, Fla.
"The department is committed to ensuring that federal contractors and subcontractors hire, promote and compensate their employees fairly, without respect to their race, gender, ethnicity, disability, religion or veteran status," said Patricia A. Shiu, director of OFCCP, who is based in Washington, D.C. "This settlement of $290,000 in back pay on behalf of 446 African-Americans should put all federal contractors on notice that the Labor Department is serious about eliminating systemic discrimination."
OFCCP investigators found that the company engaged in hiring discrimination against African-Americans from Jan. 1, 2002, through Dec. 31, 2003. Under the terms of the consent decree and order, filed with the U.S. Department of Labor's Office of Administrative Law Judges, Wackenhut will pay a total of $290,000 in back pay and interest to the 446 rejected African-American applicants and will hire 41 of the applicants into traditional security officer positions. The company also agreed to undertake extensive self-monitoring measures to ensure that all hiring practices fully comply with the law and will immediately correct any discriminatory practice. In addition, Wackenhut will ensure compliance with Executive Order 11246 recordkeeping requirements.
"We strongly encourage other employers to take proactive steps to come into compliance with the law to prevent workplace discrimination," said Melissa Speer, OFCCP acting director of OFCCP's Southwest and Rocky Mountain Regions, who is located in Dallas.
OFCCP, an agency of the U.S. Department of Labor, enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 that prohibit employment discrimination by federal contractors. The agency monitors federal contractors to ensure that they provide equal employment opportunities without regard to race, gender, color, religion, national origin, disability or veteran status.
http://www.dol.gov/opa/media/press/ofccp/ofccp20100736.htm
OFCCP News Release: [06/09/2010]Contact Name: Rich Kulczewski
Phone Number: (303) 844-1302
Release Number: 10-0736-DEN
US Department of Labor settles hiring discrimination case with The Wackenhut Corp. in Aurora, Colo.
Company agrees to pay $290,000 to 446 African-American job applicants
DENVER — The U.S. Department of Labor's Office of Federal Contract Compliance Programs has announced that The Wackenhut Corp., doing business as G4S Wackenhut, has entered into a consent decree to settle findings of hiring discrimination at its Aurora, Colo., facility. The consent decree settles OFCCP's allegations that Wackenhut engaged in hiring discrimination against 446 rejected African-American applicants for the position of traditional security officer for a two-year period. Wackenhut is headquartered in Palm Beach Gardens, Fla.
"The department is committed to ensuring that federal contractors and subcontractors hire, promote and compensate their employees fairly, without respect to their race, gender, ethnicity, disability, religion or veteran status," said Patricia A. Shiu, director of OFCCP, who is based in Washington, D.C. "This settlement of $290,000 in back pay on behalf of 446 African-Americans should put all federal contractors on notice that the Labor Department is serious about eliminating systemic discrimination."
OFCCP investigators found that the company engaged in hiring discrimination against African-Americans from Jan. 1, 2002, through Dec. 31, 2003. Under the terms of the consent decree and order, filed with the U.S. Department of Labor's Office of Administrative Law Judges, Wackenhut will pay a total of $290,000 in back pay and interest to the 446 rejected African-American applicants and will hire 41 of the applicants into traditional security officer positions. The company also agreed to undertake extensive self-monitoring measures to ensure that all hiring practices fully comply with the law and will immediately correct any discriminatory practice. In addition, Wackenhut will ensure compliance with Executive Order 11246 recordkeeping requirements.
"We strongly encourage other employers to take proactive steps to come into compliance with the law to prevent workplace discrimination," said Melissa Speer, OFCCP acting director of OFCCP's Southwest and Rocky Mountain Regions, who is located in Dallas.
OFCCP, an agency of the U.S. Department of Labor, enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 that prohibit employment discrimination by federal contractors. The agency monitors federal contractors to ensure that they provide equal employment opportunities without regard to race, gender, color, religion, national origin, disability or veteran status.
http://www.dol.gov/opa/media/press/ofccp/ofccp20100736.htm
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