(AP Photo/Andrew Harnik)
The Department of Labor’s Office of Federal Contract Compliance Programs has the authority to enforce civil rights laws against federal contractors. OFCCP describes itself as one of the “premier civil rights agencies in the federal government … on the front lines of … enforcing the laws that … ban discrimination in employment.”
But a lawsuit brought by Oracle America is challenging OFCCP’s legal authority. Oracle sued to invalidate OFCCP’s authority to bring enforcement actions after the agency alleged that the tech company owes $400 million to workers in back pay for race and sex discrimination.
If successful, this lawsuit would restrict OFCCP’s role as a key federal enforcement agency and undermine workers’ protections against hiring and pay discrimination. Restricting OFCCP’s authority to enforce antidiscrimination laws could have sweeping ramifications for the ability of workers at federal contractors to get meaningful remedies, such as back pay and reinstatement, for discriminatory practices.
“The Trump administration’s repeated attempts to undermine this agency’s ability to enforce core civil rights laws raise real concerns about who will protect the workers who drive America’s economy. We are proud to partner with two important unions committed to protecting America’s workers.”
-Anne Harkavy, Democracy Forward Executive Director
Given the Trump Administration’s history of weakening anti-discrimination protections and OFCCP’s ability to enforce them, there is substantial reason to believe that the Trump administration will not vigorously defend OFCCP’s enforcement authority. The Trump administration’s action to undermine OFCCP include:
- Seeking to eliminate OFCCP altogether by merging it into another federal agency
- Rescinding guidance that the Department of Labor had used to analyze whether federal contractor compensation practices comply with federal laws and regulations, including rules prohibiting pay discrimination — a rollback described as a tool to “constrain” the OFCCP
- In his first secretary’s order, Secretary of Labor Eugene Scalia giving himself the authority to override decisions of DOL’s Administrative Review Board, which previously provided the final agency decision on enforcement actions brought by OFCCP — including the one brought against Oracle
- Requiring greater political oversight of enforcement actions
Alongside the National Women’s Law Center and Massey & Gail, we are seeking to intervene to defend the agency’s enforcement authority on behalf of the Communication Workers of America and United Steelworkers. Our motion to intervene was filed on March 18, 2020 in the U.S. District Court for the District of Columbia.
We requested details from the Department of Labor.
Our Freedom of Information Act request into the DoL sought records of the department and OFCP's communications with Oracle America.
March 5, 2020
We filed suit when the Department of Labor failed to release records.
The Trump administration failed to release records that could reveal whether Oracle had influence over senior officials at the Department of Labor and regarding 2018 changes to the Department of Labor’s guidelines for enforcing federal contractor compliance with anti-discrimination laws.Learn More
March 18, 2020
On behalf of CWA and USW, we filed our Motion to Intervene with the NWLC and Massey & Gail.Learn More
March 27, 2020
We Filed Our Motion For Summary Judgment.
We filed a Motion for Summary Judgment arguing that the Court should grant judgment for the Defendants because Oracle’s lawsuit is both premature –– filed in an attempt to end-run an ongoing administrative enforcement proceeding –– and wrong as a matter of law. The government filed its Motion to Dismiss the same day.
April 1, 2020
Oracle Opposed Our Motion To Intervene. The Government Took “No Position”.
While the government took no position on CWA and USW’s Motion to Intervene, Oracle opposed it, arguing, in part, that the Trump administration is an adequate representative of workers’ interests.
April 3, 2020
8 States, 12 Former Senior Government Officials, And 53 Workers’ Rights And Legal Associations File Amicus Briefs Urging Court To Reject Oracle’s Challenge.Learn More
April 8, 2020
We Pushed Back On Oracle’s Attempt To Shut Us Out Of The Case.
Our reply brief in support of our Motion to Intervene urged the court “not to allow the fate of the OFCCP to be decided in a contest between a vigorous opponent of the OFCCP and an administration that has tried to undermine OFCCP at every turn” and to instead allow CWA and USW to provide the agency with the full “defense it deserves.”Learn More
In the News
Bloomberg Law / March 18, 2020
- Motion to Intervene (03/18/20) (pdf / 432 KB)
- CWA Letha Perry Declaration (3/18/20) (pdf / 4 MB)
- CWA van Shaick Declaration (03/18/20) (pdf / 4 MB)
- USW Fred Redmond Declaration (03/18/20) (pdf / 397 KB)
- States Amicus Brief (04/03/20) (pdf / 179 KB)
- Former Officials and Workers' Organizations Amicus Brief (04/03/20) (pdf / 399 KB)
- Reply to Motion to Intervene Opposition (04/08/20) (pdf / 433 KB)