News

A federal judge has found Bank of America Corp. violated federal anti-discrimination laws against black job applicants.

Administrative Law Judge Linda Chapman ruled the Charlotte-based bank was biased against African-American applicants for entry-level jobs in 1993 and from 2002-05. The findings were the result of an investigation by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.

“The Labor Department is committed to ensuring that all workers — including African Americans — are treated fairly by federal contractors in decisions concerning hiring, promotion and compensation,” OFCCP Director Patricia A. Shiu said in a statement.  “Further, contractors cannot use litigation as a means to obstruct OFCCP’s ability to conduct its authorized investigations and pursue relief for victims of discrimination.”
BofA denies any wrongdoing and plans to appeal.

“We have reviewed the recommended decision and disagree with it,” according to a statement e-mailed to The Post. “We plan to file exceptions to that decision.

Bank of America has a strong track record of hiring and developing associates and has been recognized for success in creating and supporting a diverse and inclusive workforce. We do not tolerate discrimination.”

Chapman’s ruling stemmed from a case that started in 1993 when OFCCP requested information from NationsBank, BofA’s predecessor, as part of a compliance review to determine if the bank complied with Executive Order 11246, which bans discrimination by federal government contractors.  After OFCCP alerted the bank in 1995 of its findings of bias, Bank of America went to court to challenge the probe as a violation of its Fourth Amendment rights. After losing the challenge, BofA pursued an administrative appeal and lost. 

Chapman ruled the bank intentionally discriminated against black clerical, administrative and teller applicants at its Charlotte facility and its failure to retain records as required by law without justification did not lessen statistical disparities found by the government investigators. 
Chapman will hold a hearing to determine what remedies Bank of America should use.  After her recommendation, the case will move to the Labor’s Administrative Review Board for a final decision.

On the Net:
Office of Federal Contract Compliance Programs
www.dol.gov/ofccp.

Comments