Why is it that some of the smartest minds, most creative leaders, and shrewd business people repeatedly make the same mistakes in the interest of minimizing costs? This is especially surprising knowing that they almost certainly will be found out at the cost of significant punitive/compensatory damages and the kind of negative press that can dramatically affect their brands. As my grandmother used to say, "They are penny wise but pound foolish!"
The OFCCP in a news release dated September 15, 2010, reported on a US Departmemt of Labor lawsuit against Tyson Fresh Meats--the largest supplier of premium beef and port--for systemic discrimination against women. It is alleged that Tyson "systematically rejected female job applicants at its plant in Joslin, Illinois." It is further alleged that Tyson utilized a hiring process and selection procedures that resulted in discrimination against women who were seeking entry-level positions.
If these allegations prove to be true, what will it cost Tyson? According to the OFCCP, the complaint requests that ALL of Tyson's federal contracts be canceled and that Tyson be required to provide complete relief which includes lost wages, interest, and other benefits of employment. This includes paying back wages to more than 700 women who are owed back wages and to give over 100 women the opportunity to take a position with the company.
How is it that obviously smart people have allowed their company to end up in this position? Does it suggest that they intended to discriminate against women? I believe the answer is "no". I also believe that those who live in glass houses should not throw rocks.
The reality of what happened with Tyson could have easily happened to any company. I believe that Tyson was probably going along doing its business and because their personnel selection system "seemed" to be working correctly, the became complacent. Believe it or not, this tendency toward becoming complacent towards things you are often exposed to is a fundamental part of human nature and psychologists have given it a name--The Availability Heuristic.
The reality is, I would bet, that Tyson had no idea that their selection system was improperly screening out females. However, the courts do not recognize "I didn't know" as a valid excuse for discrimination.
All employers should be on the alert against falling into the same trap as Tyson did. There are relatively simple steps you can take NOW to avoid costly litigation tomorrow. You should conduct a job analysis, identify the critical knowledge, skills and abilities, and link those to the actual content of your personnel assessment tools.
For more information or for help with your selection process, visit us at http://www.affirmativeactionservices.com/ or email Dr. Jim Higgins at JHiggins@AffirmativeActionServices.com.
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