Friday, December 27, 2013

DAIRY COMPANY RESOLVES SEX AND RACE DISCRIMINATION CHARGES

FROM:  U.S. JUSTICE DEPARTMENT 
New Jersey dairy company to pay nearly $325,000 to settle charges 
of sex and race discrimination affecting 227 job applicants

MOUNTAINSIDE, N.J. — The U.S. Department of Labor's Office of Federal Contract Compliance Programs today announced that federal contractor Cream-O-Land Dairy Inc. has resolved claims of sex and race discrimination affecting 227 workers who applied for jobs at the company's dairy plant in Florence, N.J. An OFCCP review of the facility determined that the dairy company used a hiring process that violated Executive Order 11246 because it discriminated against women, African Americans and Asian Americans who applied for warehouse positions in 2010.

"I am pleased that we were able to reach a fair settlement in this case," said OFCCP Director Patricia A. Shiu. "Today's agreement underscores the notion that federal contractors, like Cream-O-Land, should closely examine their employment policies and practices to identify and eliminate any unfair barriers to equal opportunity.

Under the terms of the conciliation agreement, Cream-O-Land will pay $324,288 in back wages, interest and benefits to the rejected applicants. The company will also make 24 job offers to the affected class members as positions become available. Additionally, the company has agreed to undertake extensive self-monitoring measures, including committing a minimum of $10,000 for training to ensure that all of its hiring processes comply with the law.

Cream-O-Land Dairy Inc. delivers dairy products to grocery stores, supermarkets and schools throughout New Jersey, New York, Pennsylvania, Delaware and Connecticut. In Fiscal Year 2012, Cream-O-Land sold more than $1.5 million worth of products to federal agencies such as the Federal Prison System, Department of Veterans Affairs, Defense Commissary Agency, Defense Logistics Agency and Department of the Army.

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 three laws require those who do business with the federal government, contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran.

Wednesday, December 25, 2013

JUSTICE, PROPERTY DEVELOPER AGREE TO SETTLEMENT RELATED TO ACCESSIBILITY BARRIERS

FROM:  U.S. JUSTICE DEPARTMENT 
Thursday, December 19, 2013

Justice Department Announces Fair Housing Settlement with W.V. Developer
The Justice Department announced today that developer Douglas Pauley and entities affiliated with him have agreed to pay $110,000 and make all retrofits required to remove accessibility barriers at 30 apartment complexes, involving more than 750 units, in West Virginia that were developed through the federal government’s Low-Income Housing Tax Credit program.   The parties’ agreement will settle the United States’ claims that defendants violated the Fair Housing Act by building the complexes with a variety of features that made them inaccessible to persons with disabilities.

Under the terms of the parties’ agreement, Pauley, as general partner of 30 limited liability partnerships, must take extensive actions to make the complexes accessible to persons with disabilities.   These corrective actions include replacing cabinets in bathrooms and kitchens to provide sufficient room for wheelchair users, reducing door threshold heights, replacing excessively sloped portions of sidewalks and installing properly sloped curb ramps that allow persons with disabilities access to sidewalks from the parking areas.   In addition, the defendants will pay $100,000 to establish a settlement fund for the purpose of compensating disabled individuals impacted by the accessibility violations and $10,000 as a civil penalty.

“The Fair Housing Act protects the rights of persons with disabilities to have equal opportunities to enjoy the housing of their choice,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division .  “The Justice Department is strongly committed to the enforcement of the fair housing laws.   It is especially important that multi-family properties developed using federal programs are designed to provide accessible and affordable housing to those who need it the most.”

“When developers and building professionals fail to design and construct homes with the required accessibility features, we will vigorously enforce the law," said U.S. Attorney R. Booth Goodwin for the Southern District of West Virginia.

Individuals who are entitled to share in the settlement fund will be identified through a process established in the settlement.  Notices of the settlement and a list of subject properties will be published in the Charleston Gazette.