Food Distributor Enters Into Early Resolution Conciliation Agreement With U.S. Department of Labor to Resolve Hiring Discrimination Violations

ATLANTA, GA – US Foods Inc. – a food service distributor based in Rosemont, Illinois – has entered into an early resolution conciliation agreement to pay $116,600 in back wages and interest to resolve alleged hiring discrimination violations found at three of the company’s facilities during a compliance evaluation by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). The company has also agreed to make job offers to 10 eligible applicants. 

OFCCP alleged that US Foods Inc. discriminated in its hiring and selection process against 150 women who applied for selector positions in Lexington, South Carolina; Port Orange, Florida; and Tampa, Florida. Under the agreement, US Foods Inc. will monitor hiring practices at its Lexington, Port Orange, and Tampa facilities and its locations in Fort Mill, South Carolina; Zebulon, North Carolina; and Manassas, Virginia. Additionally, for a five-year period, the food distributor will take steps to enhance their compliance with Executive Order 11246 for these six facilities, retain a consultant to evaluate the policies and procedures related to hiring processes for selector positions, and work to increase the representation of women at the facilities the agreement covers. The company will also evaluate procedures to recruit, screen, interview, select, reject, and hire selectors.

“This resolution will further the goal of equal employment opportunity by partnering with the U.S. Department of Labor,” said Office of Federal Contract Compliance Programs’ Southeast Regional Director Samuel B. Maiden, in Atlanta, Georgia.  

In November 2018, OFCCP launched an effort to resolve supply and service compliance evaluations at the earliest stage possible with corporate-wide compliance and issued a directive establishing Early Resolution Procedures. This agreement with US Foods is the Agency’s first under the directive.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.