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OFCCP files discrimination lawsuit against Baltimore staffing agency

June 17, 2015

The US Department of Labor’s Office of Federal Contract Compliance Programs filed a lawsuit alleging WMS Solutions LLC, a Baltimore staffing agency for federal contractors, harassed and discriminated against Hispanic construction laborers. The suit also alleges the company discriminated against non-Hispanic applicants; intentionally paid female workers less per hour than males; and assigned fewer work hours to African American, Caucasian and female laborers.

WMS specializes in asbestos removal and demolition and provides laborers to federal contractors performing construction work on projects in the Washington, DC, area, according to the Department of Labor. At the time the alleged discrimination and harassment occurred, the company held federal construction subcontracts totaling more than $6 million for projects involving the General Services Administration, National Institutes of Health and US Department of the Navy, the Department of Labor said.

The department alleges that since at least Feb. 1, 2011, WMS favored hiring Hispanic laborers, and company managers knowingly permitted abusive practices by supervisors at their work sites. Despite knowing of the illegal harassment, WMS managers took no action to stop it, the lawsuit claims.

“WMS allowed workers it hired to be exploited and abused,” said OFCCP Director Patricia Shiu. “It denied job opportunities to qualified workers based on race and ethnicity. It underpaid female workers and assigned fewer work hours based on race and gender. We have taken action on behalf of these workers. OFCCP is prepared to use every tool at its disposal to ensure that no federal contractors and subcontractors engage in discrimination or harassment.”

OFCCP filed its complaint with the department’s Office of Administrative Law Judges after it did not secure an agreement from WMS to pay back wages and interest to the affected workers; extend job offers to the rejected applicants; and provide a working environment for its employees free of harassment, intimidation and coercion.