April 2012

The FedEx Story: Several Important Developments to Note about OFCCP’s Compliance Processes

Maybe I can shed a little light on the FedEx (Ground) Conciliation Agreement (i.e. settlement) with OFCCP since there seems to be much confusion and much interest among federal contractors. While this is a small settlement, it is nonetheless important to teach many different lessons about the Obama OFCCP.

First, I did not represent FedEx…the company had asked me many years ago to represent it, but I had then a conflict because one of my then retired partners (now deceased), we discovered, sat on the Board of FedEx rendering my then law firm ineligible to provide services to the company – an Ethics/Corporate Governance rule FedEx imposes on its Board members.

LESSON 1: Bundled Settlement Press Release: With that said, there were 25 separate OFCCP audits of 3 different kinds of FedEx Ground Operation facilities (including one of which was of a fourth kind of station involving its SmartPost operation) spread