US Foods will pay $159,550 to 114 Female and Black applicants

During a routine compliance evaluation at US Food’s Bensenville distribution facility, the OFCCP found that the company discriminated against applicants for selector positions, between January 1, 2018 and June 30, 2019. The company agreed to pay $159,550 in back pay and interest to 114 female and Black applicants to resolve the allegations.   They will also ensure that their recordkeeping and internal auditing procedures are compliant in the future.

Press release

OutSolve’s Take

This is the kind of failure to hire case involving low level positions that remains the OFCCP’s “bread and butter”. It also highlights the agency’s continued identification of statistically significant differences in selection rates without any indication of what facially-neutral selection practice caused them. Three facilities were audited, but only one was cited for hiring discrimination. Clients are advised to maintain documentation of their hiring processes, collecting and maintaining proper dispositioning reasons, and of the importance of regularly monitoring those processes. An Affirmative Action Program that is prepared in a timely manner and reviewed by all appropriate levels of management is an important first step in identifying and addressing potential problem areas.

OutSolve’s Consultants are available to provide assistance with analyzing your hiring process, information on recordkeeping obligations, or supporting your affirmative action programs. Please contact OutSolve at info@outsolve.com or by calling 888-414.2410.