A janitorial contractor has sued to challenge the enforcement process of the Labor Department’s Office of Federal Contract Compliance Programs.
ABM Industry Groups alleges that OFCCP’s administrative enforcement regime—under which DOL’s ALJs, who belong to the executive branch, issue decisions—violates the Constitution’s separation of powers doctrine by empowering DOL to prosecute and adjudicate in the same proceeding. ABM also claims that this process deprives it of its right to a jury trial, as guaranteed by the Seventh Amendment and reinforced by a recent Supreme Court decision
DOL’s administrative enforcement process would change significantly if ABM succeeds in getting the court to stop OFCCP from enforcing Executive Order 11246 before DOL’s Office of Administrative Law Judges. The E.O. requires covered federal contractors to take affirmative action to ensure equal employment opportunity and prohibits them from discriminating in employment decisions. The case is ABM v. U.S. Department of Labor (S.D. Tex. September 9, 2024).