The US Department of Labor makes enforcement data collected by the OFCCP searchable to the public. Although the recent government shutdown has prevented the agency from updating the database to include settlements through the end of the federal fiscal year, the FY2013 data reveal some interesting trends. Overall, there are similar enforcement patterns relative to FY2012 data.

OFCCP's public enforcement data list a total of 76 financial settlements. The most common settlements (42%) involved allegations of hiring discrimination, and three of those cases were related specifically to testing/selection. Compensation settlements made up the next highest percentage (24%) of OFCCP settlements, with 18 total settlements. A more detailed breakdown of financial agreements is as follows:

  • 32 hiring cases (24 were "systemic," 3 of which were related to testing/selection)
  • 18 compensation cases (only 1 was coded as "systemic")
  • 10 accommodation cases (only 1 was coded as "systemic")
  • 2 promotion cases
  • 1 termination case

Interestingly, the Pacific region had the highest number of hiring cases (9), with the Midwest and Southwest regions tied for a close second (7 each). As for cases related to compensation/salary, the Southeast region appeared to have the most settlements (8). The Southeast region also produced the most settlements related to accommodation (6). Although a few large FY2013 settlements are not yet included in the public enforcement database, the addition of those cases is not likely to change the general enforcement trends listed above.

by David Cohen, President, and David Morgan, M.S., Senior Consultant, DCI Consulting Group

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