The Department of Labor has ordered Bank of America to pay about $2.2 Million in back pay and wages to more than 1,200 African-Americans due to race-based hiring discrimination. The award is in response to discrimination of 1,034 individuals in 1993 and an additional 113 between 2002 and 2005. Ten members of the affected class will also be offered positions.
The company argued that since it didn’t keep adequate records about the hiring data, it couldn’t be found guilty. The OFCCP quickly rejected that argument and said it found evidence of systemic hiring discrimination against African-American job seekers at the company’s charlotte, N.C. offices.
This further illustrates the importance of using valid and legally defensible selection systems when making hiring decisions. It also emphasizes how important it is to track and retain all available information as part of the hiring process. As was proven in this case, not having data will not defend you in a discrimination case.