Dive Brief:
- The U.S. Equal Employment Opportunity Commission (EEOC) can continue with its suit alleging that a dairy farm cooperative failed to hire qualified female applicants in favor of less qualified men, a New York federal district court has determined (EEOC v. Upstate Niagara Cooperative Inc., No. 16-CV-842S (W.D.N.Y, Oct. 26, 2018)).
- Since 2009, Upstate Niagara Cooperative Inc., has discriminated against women, the commission alleged. Upstate Niagara hired 160 employees in production-related jobs between 2008 and 2014; 155 were men and five were women. In one instance, it said, a woman had more than 10 years' experience as a machine operator and seven years of production-related experience but wasn't contacted for an interview; the commission said her husband was hired for the position. The suit also alleged that the employer's physical tests had a disparate impact on women.
- The district court refused the company's request to dismiss the case. When a complaint alleges that an employer hired someone outside of the aggrieved individuals' protected class, that is enough to raise an inference of discrimination at the motion to dismiss stage, the court said. The court said the EEOC had alleged facts giving "at least minimal support for the proposition that the employer was motivated by discriminatory intent."
Dive Insight:
While federal law has long prohibited sex discrimination in employment, it remains an active area for litigation. EEOC said in 2017 that it had "prioritized enforcement actions to eliminate discriminatory barriers to the employment of women and other workers." As a result, the federal agency suggested that employers carefully examine employment practices such as tests and other selection procedures to make certain that those practices do not cause an unlawful disparate impact because of sex or another protected category.
The commission said it will take "vigorous action if an employer's selection procedure has an adverse impact on women or members of any other demographic group." Earlier this year, for example, CSX paid $3.2 million to settle an EEOC lawsuit over physical strength tests.
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 in commission's strategic enforcement plan.
