Here’s a case where Hispanics were the favored group for hire–and non-Hispanics were frozen out from job consideration.
Helados La Tapatia, Inc. will pay $200,000 and furnish comprehensive injunctive relief to settle a race and national origin discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced Monday.
According to the EEOC’s lawsuit, the Fresno-based ice cream company favored Hispanic job applicants over others, including black, white and Asian applicants, for such entry-level positions as warehouse worker and route sales driver. The EEOC further contends that Helados not only failed to hire, but also discouraged and deterred non-Hispanic applicants from applying for positions. Finally, the EEOC alleged that Helados fired its sole non-Hispanic driver in Fresno one week after he was hired because of his race and national origin.
Such alleged conduct violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit against the company in U.S. District Court for the Eastern District of California (EEOC v. Helados La Tapatia, Inc., et al., Case No. 1:20-cv-00722-DAD-HBK) after first attempting to reach a pre-litigation settlement through its conciliation process.
In addition to the monetary relief, Helados has agreed to injunctive remedies including hiring an external equal employment opportunity consultant; ensuring an open hiring process regardless of race and national origin; implementing a recruitment plan that includes hiring goals to address past discriminatory practices; training for employees and managers, and reporting requirements. The company has also agreed to maintain a centralized tracking system for all complaints of discrimination and the application and hiring of personnel. The court will maintain jurisdiction over the case during the decree’s three-and-a-half-year term.
“In today’s society, people should not have to worry that they will be turned down for a position because of their race or national origin,” said Anna Park, regional attorney for the EEOC’s Los Angeles district office, whose jurisdiction includes Fresno County. “It is imperative that employers conduct self-audits to make sure their hiring practices ensure equal opportunity for all applicants.”
Melissa Barrios, director of the Fresno local office, added, “An employer should never take into account a person’s race or national origin when making employment-based decisions such as hiring. Where an employer has discriminated based on race or national origin, a recruitment plan may be appropriate injunctive relief. Helados has agreed to make changes that will benefit its workforce, and we encourage all employers to review their hiring practices to make sure they are in accordance with federal law.”
According to its website, http://www.heladoslatapatia.com, Helados produces Mexican-style deserts such as frozen fruit bars and ice cream products.
Eliminating barriers in recruitment and hiring, especially class-based recruitment and hiring practices that discriminate against racial, ethnic and religious groups, older workers, women, and people with disabilities, is one of six national priorities identified by the Commission’s Strategic Enforcement Plan (SEP).
16 Apr
Commenters Get Another Month on Hazard Rule
Posted by Joe Lustig in Uncategorized. Tagged: exposure to hazardous chemicals on the job, extended comment period, hazard communication standard, Occupational Safety and Health Administration, proposed rule. Leave a Comment
You’ve got additional time to get in your comments on OSHA’s Hazard Communication Standard.
The U.S. Department of Labor’s Occupational Safety and Health Administration has extended the comment period for the proposed rule to update the agency’s Hazard Communication Standard (HCS) to May 19, 2021. OSHA extended the comment period by 30 days to allow stakeholders additional time to review the proposed rule and collect information and data necessary for comment.
Submit comments identified by Docket No. OSHA-2019-0001, electronically at http://www.regulations.gov, which is the Federal e-Rulemaking Portal. Read the Federal Register notice for details.
OSHA expects the HCS update will increase worker protections, and reduce the incidence of chemical-related occupational illnesses and injuries by further improving the information on the labels and Safety Data Sheets for hazardous chemicals. Proposed modifications will also address issues since implementation of the 2012 standard, and improve alignment with other federal agencies and Canada.
The deadline for submitting comments had been April 19, 2021.