EEOC Sues California-based Company for Hispanic Preference Hiring

Vaughan v. Anderson Regional Medical Center. Are compensatory & punitive damages recoverable?
January 13, 2017
Christopher Mosley: Member Spotlight (February 2017)
February 1, 2017

EEOC Sues California-based Company for Hispanic Preference Hiring

————————————————————————

Here’s another case we are following closely and has some important take-aways for the HR pros. In December, the EEOC sued a California based company for Hispanic-preference hiring, alleging the company turned away non-Hispanic applicants from entry-level positions, and favored less-qualified Hispanic job applicants over all other races (including black, white and Asian applicants) in unskilled positions.  The EEOC further contends that Marquez Brothers discouraged non-Hispanic applicants from applying for open positions, asked applicants if they spoke Spanish even when speaking Spanish was not a job requirement, and otherwise deterred non-Hispanic applicants. (EEOC v. Marquez Brothers International, Inc., et al., Case No: 1:17-cv-00044-AWI-EPG) Such alleged conduct violates Title VII of the Civil Rights Act of 1964.

It is alleged that, in some instances, applicants were spoken to in Spanish and asked if they could speak Spanish. When the applicant said no, his or her application was tossed under the table. The company was also unable to produce documents and records requested, and required to be kept in the regular course of business. Through the suit, the EEOC seeks back pay, benefits, and compensatory and punitive damages for a class of non-Hispanic applicants, as well as injunctive relief intended to prevent further discrimination by the companies.

We’ll be watching this, and other recent litigation, particularly as 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, has been one of six national priorities identified by the Commission’s Strategic Enforcement Plan (SEP). We are curious to know how aggressive those priorities will be under a new administration and departmental leadership.

Stay connected with the latest HR and employment related news by following Nowell Sparks, LLC on LinkedIn.

-Damon Elmore, NAAAHR Atlanta General Counsel


Damon Elmore

 

 

We’d love to hear from YOU! If you have any questions or suggestions, feel free to contact Damon directly at (404)518-5759 or counsel@naaahratlanta.org.

 


DISCLAIMER: The information provided in this feature is provided for informational purposes only.  No part of any information contained herein should be construed as legal advice on any subject matter. No recipients of content from this site should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state.  The content of this Website contains general information and may not reflect current legal developments, opinions, decisions, verdicts or settlements.  NAAAHR, and NAAAHR Atlanta expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of this Website.

Leave a Reply