OFCCP Settles Sex Discrimination Suit with Tyson Fresh Meats, Inc.

For those of you who needed hard evidence to substantiate the need for documenting your organization’s hiring/selection decisions, here is the case for you.

http://www.businessinsurance.com/article/20110920/NEWS07/110929982?tags=%7C338%7C70%7C75%7C80%7C83%7C303#

Tyson Foods unit to pay $2.25M to settle sex discrimination allegations

Dakota Dunes, S.D.-based Tyson Fresh Meats to pay $2.25 million to more than 1,650 female job applicants who were rejected for employment at its facilities in Joslin, Ill.; West Point, Neb.; and Waterloo and Denison, Iowa.

The important information to take from this settlement is that the “discrimination” findings were based on statistical arguments, and that Tyson Foods did not collect and retain the proper documentation to rebut those arguments. Ken Kimbro, Tyson Foods Senior VP and Chief Human Resources Officer, said in a statement. “We believe this was really about documentation, not discrimination. The OFCCP’s charges were strictly based on a statistical analysis of job applications at the plant, not on complaints by any applicants, the types of jobs involved or the applicants' qualifications.”

Unfortunately, this occurs far too often . . . organizations with statistically significant disparities in hiring rates that, when asked, are unable to explain to the OFCCP why those differences exist. In the absence of a job-related reason why one person is hired (or another is not), the OFCCP has the right to rely on the statistical findings. In other words . . . documentation is the key!
What you can do now . . .

Employers need to collect and retain the reasons why applicants are selected or not selected. Ideally, this process is fully automated within an applicant tracking system (by using well-defined disposition codes and legally-reviewed drop-downs with job-related reasons for non-selection) so that the information is readily available in the event of an audit and/or lawsuit. It’s not as hard as you think. Feel free to contact a BCG expert today at 1-800-999-0438.


Below is a link to the OFCCP announcement and a segment of the Press Release.

http://www.dol.gov/opa/media/press/ofccp/OFCCP20110799.htm

News Release
OFCCP News Release: [09/20/2011]
Contact Name: Jason Surbey or Laura McGinnis
Phone Number: (202) 693-4668 or x4653
Release Number: 11-0799-NAT

Tyson Fresh Meats to pay $2.25 million to settle sex discrimination cases with US Labor Department
More than 1,650 qualified female applicants denied jobs at 4 Midwest plants

WASHINGTON – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs today announced that Tyson Fresh Meats Inc. has entered into two consent decrees to settle allegations of sex discrimination. The Dakota Dunes, S.D.–based company will pay a total of $2.25 million in back wages, interest and benefits to more than 1,650 qualified female job applicants who were rejected for employment at facilities in Joslin, Ill.; West Point, Neb.; and Waterloo and Denison, Iowa. Tyson Fresh Meats is a subsidiary of Springdale, Ark.-based Tyson Foods Inc., a federal contractor and one of the world’s largest processors of beef and pork.

“Companies that profit from federal contracts must not discriminate in employment decisions,” said Secretary of Labor Hilda L. Solis. “Today’s settlement, one of the largest in OFCCP’s history, means that women who were unfairly denied job opportunities will be compensated.”