OFCCP announced that it recovered a record $51,525,235 for 15,273 American workers who had been subjected to unlawful employment discrimination. Eighty-eight percent was collected in cases of systemic discrimination. The $51.5 million reflects a 14 percent increase over recoveries in FY 2005, and a 78 percent increase over FY 2001.
The agency also conducted 3,975 compliance evaluations and 31 Corporate Management Compliance Evaluations (CMCEs), also known as “glass ceiling” audits, in FY 2006. In FY 2005, OFCCP conducted 2,730 compliance evaluations.
OFCCP attributes these record recoveries to several factors:
1. ACM: OFCCP’s Active Case Management (ACM) system, which was fully implemented in FY 2005, has resulted in more quickly and accurately screening contractor establishments for indicators of potential discrimination. OFCCP believes ACM is an effective mechanism for targeting systemic discrimination.
2. Guidance and Standards: OFCCP points to its new interpretive standards for evaluating compensation practices and the Internet Applicant rule as providing clearer guidance for employers and more enforceable standards for OFCCP.
3. Enforcement: A significant portion of the FY 2006 recoveries came from cases referred to the Office of the Solicitor for enforcement litigation. In FY 2006, OFCCP obtained over $15 million in financial remedies for more than 3,340 workers in cases referred to the Solicitor’s office. Nine systemic discrimination cases were referred to the Solicitor’s office in FY 2006, compared to 16 cases referred in FY 2005.
