Executive Summary: As part of its 50th Anniversary celebration, the OFCCP recently launched a website that lists, by contractor name, establishments that are in the process of developing a class member list as part of the settlement process with OFCCP. The agency has stated that the purpose of this website is to locate as many class members as possible by directing potential class members to contact the OFCCP. The Class Member Locator website can be found at www.dol.gov/OFCCP/CML.
The OFCCP website contains a brief video explanation for individuals who believe they should be considered a class member for a particular establishment. Per the website, a class member is someone who applied for a job or worked at one of the facilities listed during the dates identified; a potential class member is instructed to contact the OFCCP, which will in turn request additional documentation to verify that the individual is indeed part of the class. Potential class members learn from the website that verified class members are entitled to a portion of monetary relief and/or consideration for a job vacancy.
The website identifies contractors by name, city, and state, the job titles included as part of the settlement, the affected race and gender classifications at issue, the deadline for contacting the OFCCP, and allows website visitors to read a redacted copy of the Conciliation Agreement. The redacted Conciliation Agreement excludes the class member list which is usually attached, but it does include the settlement amount. On the FAQ section of the website, the OFCCP explains that a federal contractor will not be able to negotiate for its facility to be excluded from the Class Member Locator list. Thus, all monetary settlements will appear on this list. What is unclear from the website is how rigorous the verification process will be for each alleged class member to prove that he or she belongs in the class.
Federal contractors should be aware that with this Class Member Locator site, the details of their monetary settlement with the OFCCP will receive publicity far beyond that which normally results from an OFCCP press release.