On January 21, 2010, Linda S. Chapman, a Labor Department ALJ ruled that Bank of America (BOA) discriminated against black applicants for four entry-level jobs in 1993 and from 2002 to 2005. BOA was given14 days to appeal the ruling to the Secretary of Labor. The ruling is available at http://op.bna.com/dlrcases.nsf/r?Open=kmgn-82dlq7. The case was originally initiated against NationsBank, which was later acquired by BOA. Chapman’s ruling was that the OFCCP established a prima facie cases of pattern or practice of discrimination based on applicant flow disparities in 4 of 33 jobs, and BOA could not offer legitimate nondiscriminatory reasons for statistical disparities cited by the OFCCP. This is an unusual and complex ruling that will be discussed in greater detail in an upcoming Blogspot.
February 16, 2010