Bank of America enters into Early Resolution Conciliation Agreement

Bank of America has agreed to pay $4.2 million in back wages and interest to resolve alleged hiring discrimination violations found at several of the bank’s facilities during routine compliance evaluations by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).  OFCCP alleged that the Charlotte, North Carolina-based bank discriminated against African Americans, Hispanics and women applying for registered phone representative, client service, mortgage underwriter, telephone sales associate and sales specialist positions. These alleged discriminatory practices occurred at Bank of America locations in Pennington, New Jersey; Jacksonville, Florida; Kennesaw, Georgia; and Texas branches in Addison, Fort Worth, and Plano.  “This is one of the largest settlements in OFCCP history, and this result will further the goal of equal employment opportunity,” said Office of Federal Contract Compliance Programs Director Craig E. Leen in Washington, DC. “Federal contractors must comply with equal employment opportunity laws in their hiring and compensation practices,” said Office of Federal Contract Compliance Programs Southeast Regional Director Samuel B. Maiden, in Atlanta, Georgia. Under the early resolution conciliation agreement, Bank of America will monitor its hiring practices nation-wide. In addition, the bank will take steps to enhance its compliance with Executive Order 11246 and retain a consultant to evaluate policies and procedures related to its hiring processes for a five-year period.  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 (ERP). These procedures allow OFCCP and contractors with multiple establishments to cooperatively develop corporate-wide compliance with OFCCP’s regulatory requirements and efficiently resolve issues. In turn, contractors are exempt from future evaluations for five years. This conciliation agreement with Bank of America resulted from that ERP directive. If you think you may be one of the applicants eligible for back pay or job opportunities from this settlement, or may know someone who is, please visit the OFCCP Class Member Locator at: https://www.dol.gov/ofccp/CML. There you will find information about this and 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.