Within the past month, the Office of Federal Contract Compliance Programs has announced two settlements and filed one administrative complaint involving alleged discrimination in the hiring process.
- Southern Glazer’s Wine and Spirits of Louisiana, LLC, has agreed to pay $175,000 to settle allegations that it discriminated against black applicants for warehouse positions.
- Hormel Foods Corp. will pay $550,000 to resolve the OFCCP’s claim that it discriminated against female applicants for entry-level production jobs at its hog processing facility in Fremont, Nebraska.
- The OFCCP filed an administrative complaint against JBS USA Lux S.A. and Swift Beef Co. for allegedly discriminating against all non-Asian applicants for general production jobs.
These contractors deny the OFCCP’s allegations, and in a statement to Bloomberg BNA, JBS responded with harsh criticism: “This lawsuit from the OFCCP continues a troubling pattern of legal actions that attempt to cast employers in some of our country’s most economically-challenged rural communities as villains via statistically analysis.”
Regardless of whether the OFCCP’s allegations have merit, no company wants to be identified in one of the agency’s press releases as a potential discriminator. Typically, these matters with the OFCCP arise not from intentional discrimination, but from a failure to maintain sufficient records relating to the hiring and selection process.