Federal and state statues are in place to regulate workplace policies and provide employee protection. These laws 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. Businesses contracting with the U.S. government must agree to permit the federal government to inspect and copy records and information relevant to its compliance with the equal employment laws administered by the Office of Federal Contract Compliance Programs.
In the headlines, the U.S. Department of Labor has filed a complaint against Google Inc., claiming the company did not allow the OFCCP access to Google’s employee compensation records. OFCCP Acting Director Thomas M. Dowd states: “Despite many opportunities to produce this information voluntarily, Google has refused to do so. We filed this lawsuit so we can obtain the information we need to complete our evaluation.”
As a federal contractor, Google must agree to permit the federal government to inspect and copy records and information relevant to its compliance with the equal employment laws administered by OFCCP.
Filed with the department’s Office of Administrative Law Judges, the lawsuit seeks to enforce Google’s obligations to provide OFCCP with compensation data, documents and requested information to complete its audit. Federal contractors are scheduled for routine audits through a neutral selection process. The lawsuit seeks an order requiring Google to cooperate fully with the scheduled compliance review and to meet the requirements of all laws enforced by the agency. If the company fails to comply, the department asks the court to cancel all of Google’s current government contracts and to debar the company from entering into future contracts.
Labor law litigation is complex. Expert witnesses in this field must have a comprehensive knowledge of employment policies and employment laws and regulations. Violation of employment laws is grounds for legal action. In these cases, the skills of an employment law expert witness are necessary to determine whether discrimination or other violations have taken place.