In what is (potentially) one of the larger enforcement initiatives for 2011, the OFCCP has filed a complaint with the Office of Administrative Law Judges (ALJ) alleging hiring discrimination against over 4,000 applicants for entry-level production jobs at Cargill Meat Solutions’ Springdale, Arkansas facility. The Agency is seeking job offers and “make-whole relief” (i.e., back-pay, benefits, interest) for at least 167 “affected class members.” Filing with the ALJ is the next step in enforcement proceedings when attempts at a conciliation agreement are unsuccessful.
To those of you familiar with the OFCCP’s enforcement strategies, this should come as no surprise. With all the discussions around compensation, veterans outreach/recruitment, and postings, the Agency’s bread-and-butter is still centered firmly on investigating adverse impact in the hiring process. Stay tuned for additional information as the ALJ proceedings unfold.
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