Letter L-30A: Sample Enclosure to Letter L-30

1.     Violation:  In violation of 41 CFR 60-1.4(a)(1), ABC Company discriminated against qualified African American applicants in its hiring and selection procedures for the Laborer positions from January 1, 2018 through December 31, 2018.  During this period, the qualified pool of applicants for the Laborer positions consisted of 176 white applicants and 111 African American applicants.  From that pool, 17 white applicants and no African American applicants were hired.  Comparison of the selection rates of white and African American applicants showed an adverse impact (0% African Americans hired) and a shortfall of six.  The disparity in the selection rates is statistically significant, with a standard deviation of 3.38.  Analysis of the steps in the selection process showed an adverse impact at each step in the process affecting African American applicants.  ABC Company did not demonstrate that the steps in its selection process that had an adverse impact were job-related and consistent with business necessity.  Absent discrimination, six African American applicants would have been selected given their representation in the qualified applicant pool.

Corrective Action: ABC Company must agree to revise and maintain selection policies and procedures designed to eliminate unlawful disparate impact on African American applicants, and to ensure that all African American applicants are given an equal employment opportunity in its selection process. 

ABC Company must agree to provide make-whole relief to the 111 qualified African American applicants who applied for employment from January 1, 2018 through December 31, 2018.  The relief covers the Laborer position and consists of employment opportunities for six qualified African American applicants, and monetary relief (including back pay, interest and benefits) to all African American applicants who can be located.

2.     Violation: In violation of 41 CFR 60-1.4(a)(1), ABC Company discriminated against two African American female applicants who applied for promotion into Inspection jobs. 

Specifically, ABC Company was unable to provide a legitimate, nondiscriminatory reason for rejecting Sandra Jones and Barbara Rogers (African American); both applicants were better qualified under ABC Company’s stated selection criteria than two similarly situated white male applicants the company selected for Inspector positions on September 23, 2018.  ABC Company’s reason for rejecting Ms. Jones and Ms. Rogers was pretextual and the company did not equally apply it to the two white males promoted into Inspector positions. Ms. Jones and Ms. Rogers would have been promoted into Inspector positions on September 23, 2018, but for being disparately treated. 

Corrective Action: ABC must make bona fide offers of employment to Ms. Rogers and Ms. Jones into the next two Inspector openings, and provide all wages, seniority and employment-related benefits they would have received had they not been subjected to discrimination. Such relief shall be retroactive to the date each would have been promoted absent the discrimination and shall include: (a) back pay, plus interest; (b) retroactive seniority; (c) all employment benefits; and (d) any other appropriate make-whole relief, including all wages, seniority and employment-related benefits they would have received had they not been subjected to discrimination. Additionally, ABC Company will provide Ms. Rogers and Ms. Jones with front pay from the date this violation is resolved until they are promoted to Inspector positions or refuse bona fide promotion offers.

3.     Violation: In violation of 41 CFR 60-2.17(c), ABC Company did not make good faith efforts to remove identified barriers, expand employment opportunities, and produce measurable results for females and minorities in underutilized job groups.

Corrective Action: ABC Company must agree to make good faith efforts to remove identified barriers, expand employment opportunities, and produce measurable results for females and minorities in underutilized job groups.  To accomplish this, ABC Company must agree to the following actions:

a.     ABC Company must agree to establish a working relationship with referral organizations by taking the following actions:

• Provide regular job listings of vacancies which have not been filled internally for all underutilized job groups; and

• Contact the referral organization within 45 calendar days of the execution of this Agreement.  The purpose of the contact is to arrange for the referral of applicants, and to provide follow-up and feedback to the recruitment sources on the disposition of its referrals.

b.     ABC Company must agree to maintain documentation that demonstrates its good faith efforts.

4.     Violation:  In violation of 41 CFR 60-1.12(a), ABC Company failed to collect and maintain personnel and employment records for the appropriate period.  ABC Company failed to collect and maintain documentation of the application process and selection decisions, and did not maintain all of the applications, interview notes and other applicant records. 

Corrective Action:  ABC Company must agree to collect and maintain personnel and employment records for the appropriate period, including documentation of the application process and selection decisions. 

5.     Violation: ABC failed to list its jobs with the appropriate employment service delivery system, in violation of 41 CFR 60-300.5(a)(2) through (6).

Corrective Action: ABC Company will list all suitable jobs with the Metropolis State Employment Service office. Reports to OFCCP on these listings will be required.

6.     Violation:  In violation of 41 CFR 60-300.44(f), ABC Company failed to take appropriate outreach and positive recruitment activities for protected veterans.

Corrective Action: ABC Company must agree to take appropriate outreach and positive recruitment activities for protected veterans, and to document and evaluate the effectiveness of these activities under 41 CFR 60-300.44(f).