Settlement resolves alleged systemic hiring discrimination against Black, Asian, Native Hawaiian and Pacific Islander applicants
During a routine compliance evaluation, OFCCP found that Conduent, formerly operating as Xerox Commercial Solutions, allegedly discriminated against applicants from March 25, 2013 through March 24, 2015. To resolve the alleged allegations, Conduent Inc. agreed to pay $395,000 in back wages and interest to 1,624 Black, Asian, Native Hawaiian and Pacific Islander applicants for customer care assistant positions in its Yukon facility in Oklahoma.
OutSolve’s Take
According to the Conciliation Agreement, Conduent failed to hire enough, Asians, Blacks, or Hawaiians/Other Pacific Islanders to its Customer Care position, based on applicant flow. Although no specific hiring procedures or criteria were identified which led to this outcome, Conduent was also cited for failing “…to provide all relevant records to the matter under investigation.”
Conduent has now agreed to analyze hiring and other personnel activity for adverse impact, and where indicated, conduct an analysis of the steps within the selection process. An important lesson here is that clients need to be able to analyze not only applicant flow and hiring records, with disposition information, but records for each stage of the hiring process as well, if they expect to defend themselves against OFCCP’s allegations of discrimination. The regulations for both Section 503 and VEVRAA require that records be kept for three years, so it would make sense to collect and maintain records under the Executive Order for the same length of time. OutSolve’s consultants are available to assist you with OFCCP audits and recordkeeping requirements. You can reach OutSolve at info@outsolve.com or by calling 888-414-2410.