OFCCP v. Southern Farm Bureau
Life Insurance Co., 95-OFC-1 (ARB Aug. 25, 1997)
U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 97-054 ALJ CASE NO. 95-OFC-1 DATE: August 25, 1997
In the Matter of:
OFFICE OF FEDERAL
CONTRACT COMPLIANCE
PROGRAMS,
PLAINTIFF,
v.
SOUTHERN FARM BUREAU
LIFE INSURANCE COMPANY,
DEFENDANT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
FINAL DECISION AND ORDER
The Administrative Law Judge (ALJ) submitted a Recommended
Decision
and Order (R. D. & O.) in this case arising under Executive Order No. 11,246, 3 C.F.R. 339
(1964-65), reprinted as amended in 42 U.S.C. § 2000e note (1988), finding that
Defendant did not discriminate against the complainant Monica Bolden when it failed to hire her
in 1991 for the position of computer programmer. R. D. & O. at 32. Plaintiff, the Office of
[Page 2]
Federal Contract Compliance Programs, did not file exceptions to the ALJ's R. D. & O. 41
C.F.R. § 60-30.28 (1995).
1 We note only that the ALJ's
extensive discussion of whether Plaintiff established a prima facie case was unnecessary.
In a case
such as this, in which the Defendant articulated legitimate, nondiscriminatory reasons for its
alleged adverse
action and the case has been fully tried or submitted on a stipulated record, as here,, the question
whether
the Plaintiff previously established a prima facie case becomes irrelevant. Carroll v.
Bechtel
Power Corp., Case No. 91-ERA-0046, Sec. Dec. and Order, Feb. 15, 1995, slip op. at 11,
aff'd,
Carroll v. United States Dept. of Labor, 78 F.3d 352, 356 (8th Cir. 1996).
"The [trier of fact] has before it all the evidence it needs to determine whether the
defendant
intentionally discriminated against the plaintiff." USPS Bd. of Governors v.Aikens,
460 U.S. 711, 715 (1983) (quoting Texas Dept. ofCommunity Affairs v.
Burdine, 450
U.S. 248, 253(1981). Rather, the question is whether OFCCP established by a preponderance of
the
evidence that Southern Farm Bureau discriminated against Bolden on the basis of race.
SeeCarroll, 78 F.3d at 356.