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Did BMW drag its feet on Mini recall?

The National Highway Traffic Safety Administration is opening an investigation into BMW's reporting of a recall for 30,456 examples of the 2014-2015 Mini Cooper Hardtop, Cooper S, and the 2015 John Cooper Works. According to the government, "it appears from a review of NHTSA's databases that BMW may have failed to submit recall communications to NHTSA in a timely manner." The automaker issued the recall in July because crash tests showed the models didn't meet side impact requirements for passengers in the back seat. While there were no reported injuries at the time, the company decided to install energy-absorbing material in the space between the rear interior panels and the exterior. However, NHTSA has decided to investigate whether this campaign should have started much earlier, given the evidence the company had. According to the government's report, the Cooper Hardtop failed side-impact tests in 2014, although one of these tests was five-miles-per-hour faster than the Federal Motor Vehicle Safety Standard. The agency claims: "In January 2015 BMW verbally committed that it would conduct a service campaign to add padding to the rear side panels of MY 2015 Mini 2 Door Hardtop Cooper models. However, BMW did not initiate the service campaign and failed to inform NHTSA of its failure to do so." A subsequent crash test of an example with this fix showed it to make the vehicle compliant with the rules. Mini spokesperson Mariella Kapsaskis told Autoblog: "Regarding the NHTSA audit query, BMW Group is evaluating the request and will respond to NHTSA as appropriate." INVESTIGATION Subject : BMW Reporting & Timely Recall Execution Date Investigation Opened: SEP 24, 2015 Date Investigation Closed: Open NHTSA Action Number: AQ15004 Component(s): STRUCTURE All Products Associated with this Investigation Vehicle Make Model Model Year(s) MINI COOPER 2014-2015 MINI COOPER S 2014-2015 MINI JOHN COOPER WORKS 2015 Details Manufacturer: BMW of North America, LLC SUMMARY: NHTSA is opening this AQ to better understand and evaluate BMW's process(es) for its notification procedures and for timely and efficient execution of its safety recall campaigns. In mid-2014, NHTSA's New Car Assessment Program (NCAP) had side impact moving deformable barrier (MDB) tests performed on two model year (MY) 2014 Mini 2 Door Hardtop Coopers. These two tests were performed at a speed 5 mph higher than required by Federal Motor Vehicle Safety Standard (FMVSS) 214, Side impact protection.

BMW slapped with discrimination suit by EEOC

According to a report from CNNMoney, BMW has been hit with a lawsuit from the US Equal Employment Opportunity Commission after revised criminal background check policies resulted in the dismissal of 88 contractors, 70 of whom (that's about 80 percent) were black. A total of 645 contractors were required to submit to background checks at BMW's facility in Spartanburg, South Carolina after BMW switched contract companies at its plant.
Though the 88 persons who were not rehired by the new contractor all had criminal records, that may not necessarily be a legal way to screen applicants, as the EEOC counters: "BMW's policy has no time limit with regard to convictions. The policy is a blanket exclusion without any individualized assessment of the nature and gravity of the crimes, the ages of the convictions, or the nature of the claimants' respective positions."
BMW's actions were in violation of the Civic Rights Act of 1964, according to the EEOC, because they utilized "a criminal conviction policy that disproportionately screened out African-Americans." A recent bulletin offering guidance from the EEOC on the Civil Rights Act can be found here, but the EEOC's stance on the issue has been the same for years: "Since issuing its first written policy guidance in the 1980s regarding the use of arrest and conviction records in employment decisions, the EEOC has advised employers that under certain circumstances, their use of that information to deny employment opportunities could be at odds with Title VII."

Ford, GM still doing new business with Takata amidst airbag crisis

Lengthy vehicle development times make it difficult for automakers to cut and run from the supplier. You might expect automakers to be fleeing any connection with beleaguered supplier Takata in the wake of the company's exploding airbag inflator crisis. After all, with a Senate hearing, pending lawsuit, plummeting stock value and demand for a national recall, the tier-one supplier isn't at its strongest right now. However, years of cooperation mean that automakers are standing by Takata, and necessity may be playing a role, as well. About 39 percent of Takata's business comes from airbags, and seatbelts make up another significant chunk of the operation too, says Bloomberg. The long-term relationships and lengthy vehicle development times make it difficult for automakers to cut and run from the supplier. "Takata has so much product breadth that I don't really see that they could just disappear," said AutoPacific analyst Dave Sullivan to Bloomberg. For example, Takata helped develop the unique front center airbag with General Motors in models like the Chevrolet Traverse and Buick Enclave. Outside of safety tech, it is also a partner with Ford on the adaptive steering system available on the upcoming 2015 Edge. These long-lasting partnerships make change difficult now that there's a problem. According to Reuters, automakers claim it would take a year or longer to set up with a different supplier for replacement airbag inflators. Switching to a completely different part for the repairs might not be a viable option either, because of the engineering time needed. BMW is taking action, though. According to Reuters, the Bavarian brand is working with the supplier to move inflator production from Monclova, Mexico, to a Takata factory in Freiburg, Germany. The Mexican plant may be the source of some of the faulty parts. News Source: Bloomberg, ReutersImage Credit: Jens Meyer / AP Photo BMW Ford GM Safety Takata airbag recall