U.S. Department of Labor Reaches Agreement with Salt Lake City Diagnostics Company to Resolve Alleged Hiring Discrimination

SALT LAKE CITY, UT – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has entered into a conciliation agreement with BioFire LLC – doing business as BioFire Diagnostics in Salt Lake City, Utah – to resolve allegations that the federal contractor discriminated against applicants for positions at its Salt Lake City facility. 

An OFCCP investigation covering the period from Nov. 19, 2016 to Nov. 19, 2018, found hiring disparities for 133 white, 40 Asian American, and 20 African American applicants for Manufacturing Technician I and Manufacturing Trainee positions. The agency determined that BioFire’s actions violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color, religion, sex, national origin, sexual orientation, gender identity, disability or an individual’s status as a protected veteran.

To resolve the allegations of hiring discrimination found by OFCCP, BioFire LLC has agreed to pay $300,000 in back pay and interest to 193 affected applicants, and provide manufacturing technician job opportunities to 35 of those affected applicants as positions become available in Salt Lake City. BioFire LLC will also take steps to ensure its personnel practices, including recordkeeping and internal auditing procedures, meet legal requirements. While not admitting liability in the investigation, BioFire LLC volunteered to enter into the conciliation agreement and to enhance future compliance proactively.

“The U.S. Department of Labor appreciates BioFire LLC’s cooperation to resolve these issues,” said, Office of Federal Contract Compliance Programs Regional Director Melissa Speer, in Dallas, Texas. “BioFire agreed to our Early Resolution Procedures to remedy the issues quickly, and will proactively take steps to comply with federal hiring and equal employment opportunity laws.”

BioFire LLC received more than $500,000 in federal contracts – during the course of the investigation – to provide services and products to federal agencies.

In November 2018, OFCCP launched an effort to resolve supply and service compliance evaluations at the earliest stage possible with corporate-wide compliance and issued a directive establishing early resolution procedures. These procedures allow OFCCP and contractors with multiple establishments to cooperatively implement corporate-wide compliance with OFCCP’s regulatory requirements and efficiently resolve issues. This agreement with BioFire resulted from the early resolution procedures.

In addition to Executive Order 11246, OFCCP enforces 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, national origin, sexual orientation, gender identity, disability or an individual’s 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, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.

If you think you may be one of the workers eligible for back pay or job opportunities from this settlement, or may know someone who is, please visit the OFCCP Class Member Locator at http://www.dol.gov/ofccp/cml, where you can also find information about other OFCCP settlements.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.