Federal Contractor Threatened With Suspension and Debarment for Not Submitting Affirmative Action Plans
On December 30, 2021, a DOL administrative law judge ordered a federal contractor, Convergys Customer Management Group, Inc., to provide all information requested by the OFCCP upon penalty of debarment and cancellation of contract. The long-standing dispute arose in 2014 after the OFCCP’s selection process chose 16 different Convergys establishments for affirmative action audits. The contractor refused to submit its affirmative action programs and other supporting documents to OFCCP, relying on several bases, including a challenge to OFCCP’s constitutional authority to conduct the review and a contention that OFCCP’s process was not neutral.
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