The 1995 "reduction in force" at the Department of Energy laboratory, which is managed by UC, was part of a DOE-wide effort to bring down costs. At issue was whether the reduction in force had a disproportionate impact on Hispanics. The settlement announced today, technically called a "consent decree," is not an admission of wrongdoing on the part of the Laboratory, but rather a recognition by UC and the Department of Labor that moving forward without litigation is the best course.
"This is a good settlement that helps resolve a long-standing, difficult problem," Energy Secretary Federico Peña said. "I commend Los Alamos Director John Browne for taking this important step to help restore the trust and support of the community."
"I'm hopeful this settlement will be a step toward a final healing for those people and communities affected by the RIF," said Los Alamos Director John Browne. "We took a lot of actions at the time of the RIF to ease the pain for those directly affected, but I know there is nothing we could have done that would have eliminated all the hurt people felt from the RIF."
Actions taken at the time of the RIF included counseling, job fairs, up to $10,000 for retraining of each employee and severance pay.
"The University of California and I agreed it was in everyone's best interests to settle this divisive issue with OFCCP so we could begin to move forward. I hope that we will now move quickly to a similarly fair and reasonable resolution of all issues associated with the RIF," Browne said.
Under the terms of the consent decree, Los Alamos will place $625,000 in an account for resolving the claims of the 97 Hispanic employees who lost their jobs. Each RIF'ed Hispanic employee who participates in the settlement will receive a share of the settlement fund.
The consent decree with OFCCP also requires that the Laboratory rehire 24 Hispanics who lost their jobs in the RIF. The Laboratory has already reached this mark through its ongoing rehire efforts. The Laboratory also commits to a continuing good faith effort to reinstate additional RIF'ed employees.
The consent decree also stipulates that Los Alamos review its RIF procedures to ensure any future RIF decisions are implemented in a way that does not adversely impact members of protected groups.
There remains a lawsuit against the Laboratory alleging breach of contract in connection with the RIF and an investigation by the Equal Employment Opportunity Commission alleging age discrimination in the RIF. Negotiations are under way to try to resolve these issues as well.
Los Alamos National Laboratory, a multidisciplinary research institution engaged in strategic science on behalf of national security, is operated by Los Alamos National Security, LLC, a team composed of Bechtel National, the University of California, The Babcock & Wilcox Company, and Washington Group International for the Department of Energy's National Nuclear Security Administration.
Los Alamos enhances national security by ensuring the safety and reliability of the U.S. nuclear stockpile, developing technologies to reduce threats from weapons of mass destruction, and solving problems related to energy, environment, infrastructure, health, and global security concerns.