Settlement resolves 24-year-old hiring discrimination case

WASHINGTON – The U.S. Department of Labor has settled a case that arose from a 1993 compliance review of NationsBank, N.A., that found systematic hiring violations involving African-American applicants for entry-level jobs and led to more than two decades of litigation. NationsBank merged with the Bank of America, N.A. in 1998.

The review by the department’s Office of Federal Contract Compliance Programs determined the bank had violated Executive Order 11246 by unlawfully discriminating against the applicants for clerical, teller and administrative positions at the Charlotte, North Carolina facility.

In 2016, the department’s Administrative Review Board issued a Final Decision and Order granting relief to the African-American applicants who were not hired in 1993. Bank of America initially challenged the order in U.S. District Court, and the bank does not admit liability. A settlement has been reached, though, and the bank has now agreed to resolve the case by paying $1 million in back wages and interest to 1,027 African-American applicants for the North Carolina jobs. A U.S. District Court judge in the District of Columbia has entered an order to stay the proceedings until Bank of America fully complies with the terms of the settlement agreement.

“Although much time and effort has gone into this case by all parties, the department is pleased that the matter has been resolved. It is a win for the affected job applicants, for Bank of America and for the department,” said Acting OFCCP Director Thomas M. Dowd. “It reinforces our nation’s founding principles of fair treatment and level playing fields.”

OFCCP recently launched the Class Member Locator to help identify applicants and/or workers who have been impacted by its compliance evaluations and complaint investigations, and who may be entitled to monetary relief and/or consideration for job placement.

If you are an African-American jobseeker who applied for an entry-level position at NationsBank’s Charlotte facility in 1993 and were not hired, please visit our website at http://www.dol.gov/ofccp/CML/index.htm, where you can also find information about this and other recent OFCCP settlements, or call 855-216-0427.

OFCCP seeks to ensure compliance with Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran.  In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or that of others, subject to certain limitations.

For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.

Bank of America, N.A. v. Office of Federal Contract Compliance Programs, United States Department of Labor, et al. Civil Action No. 1:16-cv-968; Office of Federal Contract Compliance Programs, United States Department of Labor v. Bank of America, N.A., ARB Case No. 13-099; ALJ Case No. 1997-OFC-016.