Jottings By An Employer's Lawyer

Monday, December 02, 2002

HR Nightmare: Special Diversity Program, Successful OFCCP Audits, but Now A Certified Class of 2500 Black Employees

Nothing would be worse for an HR Director than to have implemented a long running diversity program, come through several OFCCP audits, including a glass ceiling one in good shape, and still find yourself the subject of a class action for racial discrimination. Even more chilling were the words of the District Judge in certifying the class of over 2500 current and former employees:
Plaintiffs have made a 'significant showing' . . . that Sodexho's lack of uniform promotion policy or guidelines has had a disparate impact on the promotion of African-American employees, and has enabled or even fostered an environment at the company in which officials intentionally discriminate against blacks by denying them promotions to upper-level managerial positions.
A large number of companies' promotion practices, might be found to be less than uniform. The details of the case were laid out by Neely Tucker in a Washington Post article this past week end.

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