Federal technology provider previously refused to provide information department sought
NEW YORK – The U.S. Department of Labor has entered into a consent decree with federal contractor DISH Network requiring the satellite and internet provider to supply the department’s Office of Federal Contract Compliance Programs with information on its equal employment opportunity practices at nine establishments.
Ordered on Dec. 19, 2024, the decree by the Office of Administrative Law Judges resolves an August 2023 administrative complaint brought by the department alleging the company refused to submit information needed for the OFCCP compliance review of the DISH Network’s Roseland, New Jersey, location.
“Failure to provide required documentation for a compliance review is a clear violation of the legal obligations of a federal contractor,” said Office of Federal Contract Compliance Programs Acting Director Michele Hodge. “The Office of Federal Contract Compliance Programs is responsible for ensuring that employers doing business with the federal government comply with laws and regulations requiring nondiscrimination.”
Beginning in 2018, the department sought compliance reviews at 12 DISH Network locations based on the company’s contract with the U.S. Department of Veteran’s Affairs. The company refused to participate in OFCCP reviews, stating that its contracts did not meet the threshold contract value requiring federal contractors to submit an affirmative action program and supporting data.
In the consent decree, DISH Network agrees to provide current affirmative action programs and supporting data for reviews at nine company establishments, including Roseland, that still exist. DISH will provide programs and data for two locations by Dec. 31, 2024, and for the remaining locations by June 30, 2025.
“The Department of Labor is committed to ensuring that all federal contractors uphold their legal responsibilities, particularly when it comes to fostering workplaces that are free from discrimination,” said Solicitor of Labor Seema Nanda. “This agreement represents a significant step in holding DISH Network accountable for its actions and ensuring compliance with federal requirements. Our goal is to safeguard equal employment opportunities for all workers.”
During litigation, on May 20, 2024, the OALJ denied DISH Network’s motion seeking to be removed from expedited hearing procedures that allow for a speedier resolution of certain issues. The decision found that an employer’s refusal to provide OFCCP with requested documents is precisely the type of issue that expedited procedures were meant to address.
OFCCP’s New Jersey District Office is conducting the compliance review of the Roseland establishment, and the New York Regional Office of the Solicitor is litigating the case for the department.
DISH Network is a subsidiary of EchoStar Corp. in Englewood, Colorado, a global provider of technology, networking services, television entertainment and connectivity for consumer, commercial and government clients.
OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. Together, these laws prohibit employment discrimination.
Learn more about OFCCP.
Office of Federal Contract Compliance Programs, U.S. Department of Labor v. DISH Network Corp.
Docket No.: 2023-OFC-00003
