DOL Settles Gender Pay Discrimination Allegations against Boehringer

The Department of Labor (“DOL”) settled a claim of gender pay discrimination against Boehringer Ingelheim Animal Health USA Inc., a pharmaceutical company, on August 18, 2020. The Office of Federal Contract Compliance Programs (“OFCCP”) investigated allegations that Boehringer paid female scientists and technicians less than males in the same positions at a facility in St. Joseph, Missouri where the Company manufactures biological animal vaccines. To resolve the claim, the Company agreed to pay 75 current and former scientists and technicians $379,089 in back pay and interest.

The OFCCP noted that Boehringer “worked cooperatively” with the agency during its compliance review to resolve the claim and prevent future discrimination. In addition to the monetary penalty, the Company agreed to revise its policies and procedures to ensure they are not discriminatory. Specifically, the Company agreed to ensure that its pay schedules did not discriminate against women and to train managers and supervisors who are involved in determining compensation.  Carmen Navarro, the OFCCP Midwest Regional Director, stated that the DOL “is committed to combating pay discrimination and ensuring fair compensation of all employees.”

Federal contractors must constantly evaluate their pay practices to ensure that they are not discriminating against women. In addition, they should maintain accurate records and document voluntary efforts to correct pay disparities. When faced with an OFCCP compliance evaluation, contractors must consult with legal counsel to ensure that their rights are fully protected.

UPDATE - After our original posting, Boehringer Ingelheim requested that we include with our post the following statement regarding the settlement:
“Boehringer Ingelheim provides a workplace free of discrimination and harassment to all employees and equal employment opportunity is a core principle at the Company. We are committed to ensuring that our employees are fairly compensated, based on business-related factors and regular market survey analyses. The current settlement relates to an Office of Federal Contract Compliance Programs (OFCCP) audit of 2014 data of the then Boehringer Ingelheim Vetmedica employees in St. Joseph, MO. Boehringer Ingelheim does not agree with the OFCCP’s allegations that, while unintentional, there was a gender-based wage discrepancy for a limited number of employees. Given the age of this matter, the Company decided to resolve in a collaborative manner with the OFCCP. The settlement discussions have now concluded, and both parties have come to an amicable resolution. The OFCCP has not made any additional allegations against Boehringer Ingelheim since 2014.”