by Art Gutman Ph.D., Professor, Florida Institute of Technology
The settlement was announced in a news release dated 10/20/11 on the OFCCP website (http://www.dol.gov/ofccp/). The allegation in this case is that Caviness was guilty of discrimination of hiring based on sex and race. Based on audits at two facilities, the OFCCP found statistically significant hiring rates favoring men over women and Hispanics over non-Hispanics. Under the conciliation agreement, Caviness Beef Packers will pay $600,000 to 746 identified class members, including back wages and interest, and agreed it would extend at least 81 offers of employment as positions become available. Two things are unclear in the report. First, it’s not clear who the “non-Hispanics” were. Second, it’s not clear that there were any identified or identifiable selection factors resulting the alleged statistical disparities.
