Employer in Florida Will Pay More than $130,000 in Back Wage to Resolve Gender Discrimination Case
On May 2nd, 2024, the Department of Labor (DOL) confirmed that Sysco West Coast Florida Inc.—a food distribution and restaurant supplies company—will pay more than $130,000 in back wages to resolve a gender discrimination claim. The discrimination reportedly occurred in the company’s Palmetto facility in Manatee County where the alleged hiring practices of the company had a discriminatory effect on female employees.
Gender Discrimination Enforcement Action: Back Wages to 95 Job Candidates
Sysco West Coast Florida Inc.—a subsidiary company of one of the largest American food distributors—agreed to pay $133,625 in back wages and interest to settle claims of gender-based hiring discrimination. The discriminatory practices occurred at the company’s Palmetto facility. The Department of Labor determined that in 2018 and 2019, the company’s hiring practices for certain outbound selector positions discriminated against 95 women. As part of the settlement agreement, the company will pay back wages to affected workers, provide job offers to nine candidates, and will revise its hiring practices.
What to Know About Failure to Hire Gender Discrimination Claims
Broadly explained, gender hiring discrimination occurs when an employer favors one gender over another in their hiring practices. All job applicants should be assessed on their own individual qualifications—not on preconceived notions about the capability based on a legally protected characteristic, such as gender or sex. To prove gender discrimination in hiring, a job applicant must prove the following:
- They met the core requirements for the position;
- They were passed over in favor of another employee; and
- A protected characteristic (gender, sex, etc) was a motivating factor.
Proving gender hiring discrimination can be challenging. In some cases, an applicant may build his or her claim based on direct evidence—such as a statement from a hiring manager. In other cases, the claim may be built based on statistical evidence—such as evidence that a company consistently passes over women for a particular role.
Employer a Federal Contractor (Held to Higher Standards)
Notably, the employer in this case—and its parent company—has a large contract with the federal government. Federal contractors are subject to more comprehensive workplace discrimination requirements. Executive Order 11246 Order mandates that federal contractors and subcontractors must not discriminate based on race, color, religion, sex, sexual orientation, or national origin. It requires these employers to take affirmative action to ensure equal employment opportunity in their workforce. Understanding the regulations is crucial for companies that operate as federal contractors and for employees who work at federal contractors. A job applicant for a federal contractor can bring a discrimination complaint directly with the Office of Federal Contract Compliance Programs (OFCCP). The OFCCP enforces Executive Order 11246.
Get Help From Our Florida Workplace Discrimination Attorney Today
No job applicant or employee should be subject to less favorable conditions based on sex or gender. If you have any specific questions about a gender discrimination claim, professional guidance and support is available. Contact an experienced Florida workplace discrimination lawyer today.
