Dive Brief:
- American Pride Waste Solutions, Inc., has agreed to pay $32,500 to settle a sex discrimination lawsuit alleging it refused to interview a qualified female candidate for a driving job.
- The U.S. Equal Employment Opportunity Commission (EEOC) alleged in a 2018 lawsuit that the South Carolina service provider violated Title VII of the Civil Rights Act of 1964 when it failed to hire or interview Christina Rivers for a waste truck driver job. EEOC said Rivers was qualified for the job, as she holds a commercial driver's license and has demonstrated experience. "American Pride has never hired a female driver and offered inconsistent and varying excuses for its failure to interview Rivers, who it admitted was qualified to be interviewed," EEOC said in a statement.
- In addition to the monetary settlement, the company also agreed to update and distribute anti-discrimination policies; provide annual equal employment opportunity training to its managers, supervisors and employees; and post a notice about the lawsuit and report to EEOC when discrimination, harassment and retaliation complaints are received.
Dive Insight:
Title VII forbids covered employers from discriminating in every aspect of employment on the basis of gender — including hiring — and EEOC remains committed to enforcement.
Last year, Sherwood Food Distributors, LLC paid $3.6 million and agreed to offer jobs to 150 women to settle an agency lawsuit alleging that it refused to hire female applicants for entry-level jobs at its Cleveland and Detroit warehouses. Sex is rarely a bona fide occupational qualification, EEOC noted previously, adding that the exemption should be interpreted narrowly.
To head off gender-based discrimination claims, employers may need to adopt anti-discrimination policies and train those involved in hiring. A robust reporting system can also help, experts have said.
With an eye toward the value of a diverse workplace, employers can go beyond training, policies and procedures and examine corporate culture. With buy-in from management, HR can work to create and uphold business ethics and conduct that support a diverse work environment.
