OFCCP Settles Race Bias Hiring Case With Jacintoport International

JacintoPort, a subsidiary of Seaboard Corp., has $1.2+ million in federal contracts to store and transport cargo with the Defense Commissary Agency. Interestingly, the allegations against JacintoPort amount to discrimination against white and black applicants based on favoritism for Hispanic applicants. The settlement was announced on 1/12/12 (see https://www.dol.gov/opa/media/press/ofccp/OFCCP20120015.htm).

 

The current settlement is a follow-up to a compliance review conducted in 2005 that resulted in 2006 conciliation agreement for technical violations in which JacintoPort agreed to “to implement an applicant tracking system for new hires, and to develop and execute action-oriented programs to recruit women and African-Americans”, and to submit semi-annual reports over the ensuing 18-month period. The current settlement is based on the first progress report, which showed preference for Latino applicants. Additionally, taken together, the three reports showed “statistically significant adverse impact against African-American and Caucasian applicants” in hiring for longshoremen.

 

The current settlement calls for JacintoPort to pay $219,000 to 48 black and 21 white applicants; to offer positions to 17 qualified applicants as they become available; and to “undertake extensive self-monitoring measures to ensure that all hiring practices fully comply with the law, including record-keeping requirements.” JacintoPort also agreed to submit four semi-annual reports over the next two years.

 

by Art Gutman Ph.D., Professor, Florida Institute of Technology

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