DOL RELEASES OFCCP FY 2009 ENFORCEMENT STATISTICS AND FY 2011 BUDGET DETAILS

The U.S. Department of Labor (DOL) released its FY 2011 budget request on February 1, including FY 2009 performance statistics for OFCCP. Among the highlights are the following:

"In FY 2009, OFCCP entered into financial settlements with 94 contractors for back pay that totaled $9,314,978. The agency's enforcement efforts corrected unlawful employment discrimination for more than 21,839 American workers. OFCCP negotiated settlements that provided 2,249 new job opportunities for affected workers."

This back pay amount is significantly less than the "record-breaking" amount of $67,510,982 in back pay, annualized salary and benefits reported for FY 2008. The budget report explains that the difference is due to a change in how the information is reported, starting this year:

"Annualized salaries associated with these new jobs are not included in the aforementioned $9.3 million in back pay. This change in how the agency reports monetary awards for workers who have been discriminated against will provide transparency. Monetary benefits for affected workers will be reported as workers are actually hired and paid."

Other notable statistics in the report included:

• “As of December 31, 2009, OFCCP transferred/hired 47 employees to conduct ARRA-related compliance evaluations. In addition, OFCCP completed 59 compliance evaluations, resulting in 13 conciliation agreements with one case of compensation discrimination against an African-American male totaling $24,894 in back pay.”




• "the Agency referred 20 cases to the Office of the Solicitor for further enforcement and litigation action"




• "evaluations concluded in conciliation agreements with nearly 700 contractors during FY 2009"




• OFCCP completed 3,917 compliance evaluations, just short of their FY09 goal of 4,160.




• The agency reported 87 complaints investigated/resolved, compared to their FY09 goal of 114.




• OFCCP conducted 1,390 compliance assistance events, far surpassing their target of 800.




• Contractor establishments evaluated included just over 1.8 million employees, which was short of the agency's FY09 target of 3 million workers.

The full OFCCP report is available on the DOL web site at http://www.dol.gov/dol/budget/2011/PDF/CBJ-2011-V2-04.pdf.