Where’s the beef? Or in this case, the defense to a charge of discriminatory hiring. Caviness Beef Packers Ltd. is likely asking itself that very question.
A mere month after announcing a $2 million dollar settlement was reached between the Office of Federal Contract Compliance Programs (OFCCP) and Tyson Foods, the OFCCP announces a $600,000 settlement with Caviness Beef.
The OFCCP alleged that Caviness Beef discriminated against nearly 750 applicants based upon race and gender. Like in the Tyson Foods case, the complaint appears to have been initiated not because of an individual complaint, but because of a statistical analysis that showed males and Hispanics were hired in greater proportions to females and other races.
The similarities to the Tyson Foods case do not stop there. In a statement, Caviness Beef admitted that it had no records to show why applicants were not selected. As we noted in our September 21, 2011 blog, the failure to have such records also likely caused Tyson Foods to agree to its $2 million settlement.
The OFCCP is not the only governmental agency that has been increasing enforcement efforts. Employers may certainly see an increase in similar complaints from the Equal Employment Opportunities Commission. Just another reminder to document, document, document.