The U.S. Department of Labor is suing U.S. Security Associates Inc., a federal contractor of uniformed and trained guards and other emergency responders in Roswell, Ga., because the company has not agreed to submit documents of the company's affirmative action plans for its facilities in Milwaukee, Wis., and Portage, Ind.
If U.S. Security Associates does not comply, the DOL is requesting that the court cancel all of the company's current government contracts and prohibit the company from signing future contracts.
"Providing OFCCP investigators with access to the documents they need in order to do their jobs is not optional," says Patricia A. Shiu, director of Office of Federal Contract Compliance Programs. "U.S. Security Associates is well aware of its contractual obligation to submit the records we seek, and the company's denial of access at these two facilities is especially perplexing given its cooperation in providing the same documentation in past compliance reviews."
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In 2011, OFCCP sent scheduling letters to U.S. Security Associates' Milwaukee and Portage facilities to request records mandated for a compliance review. U.S. Security Associates did not submit its records but instead filed a complaint with the Office of Administrative Law Judges in 2012 to gain relief from the scheduled reviews; however, Chief Administrative Law Judge Stephen Purcell dismissed U.S. Security Associates' complaint because of the lack of subject matter jurisdiction. U.S. Security Associates appealed the decision and has not turned over the records.
As a party to federal contracts since at least 2008, U.S. Security Associates must develop and maintain plans for affirmative action programs, and these plans are required to be reported to OFCCP upon request. U.S Security Associates operates under contracts with the General Services Administration for more than $1 million and the U.S. State Department for more than $7 million.
OFCCP requires that federal contractors follow Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974, which require contractors and subcontractors to not discriminate against employment of workers on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran.
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