Westat, Inc. Charged With Discriminatory Hiring Practices

By Jenny Chen

Earlier this year, the Office of Federal Contract Compliance Programs (OFCCP)under the U.S. Department of Labor found that the data collection company Westat Inc. failed to comply with Equal Employment Opportunity Law. Westat Inc. has agreed to a settlement with the (OFCCP) which requires the company to pay a total of $1.5 million in back wages and interest to 3,835 affected applicants and make 113 job offers to applicants that the OFCCP deemed qualified as positions become available. The company has also agreed to preserve and maintain all employment records, correct record-keeping violations, conduct internal audits, and perform outreach and positive recruitment activities.

OFCCP regularly conducts randomized compliance reviews said Michele Hodge, the regional administrator for the Office of Federal Contract Compliance Programs in Philadelphia. During a scheduled compliance review, OFCCP investigators discovered that Westat used a selection process which systematically discriminated against African American, Asian American, Hispanic and female job applicants for research analyst, programmer analyst, telephone data collector, field data collector and survey process staff positions between Oct. 1, 2008 and Sept. 30, 2009. While OFCCP does not know specificlly if these actions were deliberately intended to discriminate against specific groups of workers, the hiring data OFCCP was able to review showed large and statistically significant differences in the rates at which qualified African American, Asian American, Hispanic and female applicants were hired compared to Caucasian and male candidates. Despite an extensive analysis the interviews and the data provided by Westat, OFCCP was unable to identify a legitimate, non-discriminatory reason for the hiring disparities. In addition, Westat was not able to offer records on its own hiring process, failed to preserve items like applicant records, interview notes and data mining techniques (such as keyword searches of candidate databases). It also used a voice sample test that was not legally validated. Westat required each applicant for telephone data collector jobs to submit a voice sample by reading a pre-determined script over the telephone. The script was recorded on an electronic computer file and listened to by a voice sample rater. Westat did not retain the test or any documentation to explain why African American and Asian American job seekers were less likely than others to pass this voice test. OFCCP also found that Westat was inconsistent and subjective in the way they applied criteria to select candidates. For example, an Asian American candidate with a Bachelor’s degree was passed over for a Caucasian candidate without one – even though that was a stated criterion for the job. Westat also admitted they had not followed their own, established selection protocols. While Westat’s website states: “We proactively reach out to protected classes, including veterans, persons with disabilities, women, and minority organizations. Qualified applicants are considered in a nondiscriminatory manner regardless of race, creed, color, religion, sex, national origin, age, veteran status, disability, marital status, sexual orientation, citizenship status, genetic information, gender identity, or any other protected status under applicable law,” the company did not respond to requests for an interview.

Those who applied for a job at Westat between Oct. 1, 2008 and Sept. 30, 2009 are encouraged to contact OFCCP at ofccp_ma_info@dol.gov or (844) 438-0272 for potential compensation.