Federal Contract Compliance Case Study

Improved Essays
The Office of Federal Contract Compliance Programs (OFCCP) which is one of the Executive order Agencies, is an agency put in place to interpret, administer, and enforce employment laws when it comes to staffing. (Heneman, 2014, 56). This agency is place to prevent discrimination against employees based on race, color, sex, sexual orientation, gender identity, religion, national origin, disability or status as a protected veteran. In order to enforce these laws, they provide federal and subcontractors assistance with understanding the requirements, conduct compliance evaluations, review personnel policies and complaint investigations as well as assist with training programs designed to help employers identify qualified applicants. (DOL.gov) …show more content…
was settled for $1.6 million dollars. In the lawsuit, Tyson was accused of discriminatory hiring practices involving over 5,700 applicants who were declined jobs at various facilities located in New Mexico, Texas and Arkansas. The OFCCP conducted an evaluation and determined Tyson was in violation of discrimination against applicants based on their sex, ethnicity and race. Although the company denied any wrongdoing and denied allegations brought on by the lawsuit, they agreed to settle the case and take the necessary steps to ensure their hiring and training programs are compliant. In addition to these changes, Tyson also agreed to offer positions to nearly 500 of those applicants that were rejected between 2007 and 2010. Unfortunately, this was not the first time the OFCCP has been involved in complaint against the meat company. According to an audit conducted by the agency back in 2003, it was found that Tyson’s hiring practices discriminated against women seeking entry-level positions. As a result, the OFCCP called to have all of Tyson’s federal contracts canceled until they remedied the violations and updated their hiring practices which Tyson eventually …show more content…
. . an entire corporation, partnership, or other private organization, or an entire sole proprietorship.” (Flynn v. Distinctive Home Care, Inc., No.15-50314, p8). This provision issued by the Ninth and Tenth Circuit now allows Flynn and other independent contractors the right to file a lawsuit against their respective

Related Documents

  • Decent Essays

    In the case of EEOC against dollar general, I would rule Dollar General guilty. The reason being is that Dollar General is discriminating against certain crimes and doesn’t worry about how old the crime is. For example, in the article it states, that Dollar General looked at drug possession felonies that was 6 years old. No matter how old the felony was Dollar General automatically disqualified the candidate.…

    • 156 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    UCM:CPSW did a home visit and met with Landen and Mr. Keith. Landen was playing with his toys during the visits and watching children cartoon. Also, at times he was playing with his father Keith. CPSW asked Mr. Keith who is living with him. He stated that he is living alone with his child.…

    • 360 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    ARGUMENT I. THE PETITIONER, IN THIS CASE, WAS AN EMPLOYEE OF PLUS BUILDING, INC., AND NOT AN INDEPENDENT CONTRACTOR. Respondent claims that Petitioner Mr. Kroplewski was not an employee of Plus Building, Inc., but an independent contractor. Although there is no rigid rule of law to determine whether an employer-employee relationship exists between parties, such determination depends on the particular facts of the case. The range of factors is considered in making that determination including the right to control the manner in which the work is done, the method of payment, the right to discharge, the skill required, and who provided the materials, tools, and equipment.…

    • 888 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    The Human Resource’s Director as an T.B.Butler Publishing Company’s agent did not act legitimately within the scope of her duty but used the corporate power improperly “ conflict of interest-motivation-personal immaterial gain” . See Metcoff V. Lebovics, 123 Conn. App. 512, 521, 2 A 3d. 942, 948 (Conn. App Ct. 2010).…

    • 168 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    Discuss the impact of crises on the power of the president. The power of the president usually increases or is more obviously shown because they can show their strength through rallying around the flag and successfully fixing the problem such as, a military conflict that the US fixes without a prolonged military effort. A president can also be granted emergency powers in the time of an exceptionally serious crisis 2. Describe the typical professional and educational backgrounds of the US Presidents. There have been quite a few lawyers, but for the first two hundred years education was pretty much haphazard.…

    • 5175 Words
    • 21 Pages
    Great Essays
  • Great Essays

    Title Vii Case Study

    • 1634 Words
    • 7 Pages

    The Equal Employment Opportunity Commission was created by Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination based on race, color, religion, sex, and national origin. Title VII applies to employers with 15 or more employees, including state and local governments, employment agencies, labor organizations, and the federal government. Title VII also prohibits employment decisions based on stereotypes and presumptions about traits, abilities, or the performance of the individuals of a certain racial group. In June of the 1941, President Franklin D. Roosevelt signed the Executive Order 8802, in which prohibited any type of discrimination based on color, race,…

    • 1634 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    1. International Union v Johnson Controls, Inc. 2. The defendant Johnson Controls, Inc. is being sued by the plaintiff International Union for the practice of excluding females from battery manufacturing jobs due to the high lead exposure levels. The high lead level within the process of manufacturing batteries has been linked to health risk that can harm any fetus carried by a female employee. Prior to the Civil Rights Act of 1964 the defendant did not employ women in the battery manufacturing jobs until June 1977.…

    • 586 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Alexis Moss likely will not succeed in a claim of vicarious liability against Hitch, when Piper drove the vehicle involved in the accident that injured Alexis. The Alabama Supreme Court has noted that, “under the doctrine of respondeat superior a principal is vicariously liable for the torts of its agent if the tortious acts are committed within the line and scope of the agent's employment.” Martin v. Goodies Distrib., 695 So. 2d 1175, 1177 (Ala 1997). Vicarious liability has two requirements: 1) whether an agent is an employee or independent contractor, and 2) the scope of the agent’s employment.…

    • 803 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    On 12/15/2016, I spoke with Juan Espinosa in the District II Lobby of the Pasco Sheriff`s Office in reference to Contracting Without A License. Mr. Espinosa advised that on 12/01/2015 he contracted with Mark Eisenberg co-owner of Twin Brother Floors, Inc to provide and install new plank porcelain tile throughout his residence and install new carpet in the master bedroom at a cost of $13,500. Mr. Espinosa said the carpet installation was satisfactorily completed in a timely manner. He said the plank porcelain tile was not installed satisfactorily and has yet to be correctly repaired. He advised workers have been back to his home at least ten times making repairs to the tile and grout, which has chipped, cracked, broken and…

    • 190 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    In Daniels’s memorandum, he argues that a trial court granted a general contractor’s motion for summary judgment because a general contractor has no duty of care to the injured party. Williams v. Nucor-Yamato Steel Col., 886 S.W.2d 587, 587 (Ark. 1994). This argument would be compelling but for a lack of evidence in the record reflecting Bolanos’s status as an independent contractor. In fact, the only evidence that supports Daniels’s assertion is his own affidavit. Deferring consideration of Daniels’s motion until after Bolanos and Daniels are deposed will “provide an additional safeguard against an improvident or premature grant of summary judgment.”…

    • 685 Words
    • 3 Pages
    Decent Essays
  • Superior Essays

    Throughout time laws have come and gone. Many different generations have seen acts that were once considered criminal turn legal, and vice versa. One law that has fluctuated in consistency and rule since 1938 is the Fair Labor Standards Act (FLSA). The FLSA is in place to protect workers and is regulated by the United States Department of Labor (DOL). The FLSA encompasses several aspects of the work force that require regulation, including child labor, minimum wage, and overtime pay (Cheeseman, 454).…

    • 2086 Words
    • 9 Pages
    Superior Essays
  • Improved Essays

    Apparent authority is also called (“ostensible authority”) relates to the doctrine s of the law agency. Apparent agency is an agency, corporation or partnership which employs another person to do his or her work on person behalf and has the responsibility of the employer and act in person. Apparent authority is formed by contract between parties, but contract is not always necessary. According to Showalter describes apparent authority, as a members of the medical field who are not hospital employees, but they have contract with the hospital.…

    • 860 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Should any constraint ought to be placed on the freedom of a business to export capital for production abroad. Adam Smith would argue that when people are free to pursue their own economic interest they will produce the greatest good for all (Shaw and Barry, 154-155.) I disagree with Adam Smith and take a utilitarian stance on this issue where the company needs to act in ways to produce the most happiness for the most people (Shaw and Barry, 59 – 62.) I feel a company has a moral obligation to pay its full tax liability on all their revenue and not use exporting as a way to evade the companies tax obligation to their home country.…

    • 763 Words
    • 4 Pages
    Improved Essays
  • Brilliant Essays

    Commercial Law Case Study

    • 2069 Words
    • 9 Pages

    COMMERCIAL LAW Student number: 1400547; Word count:2,173 words The Sale of Goods Act 1979 is a consolidation of the 1893 act and subsequent legislation which places numerous legal obligations on business sellers apart from the agreed express contractual terms. These terms, although not expressly provided for in the contract are fictionally ‘incorporated’ into the contract for consumer protection and also because the contract does not make any commercial sense without them, they are referred to as implied terms. The statutory implied terms that concern sale of goods are embedded in section 13-15 of the 1979 act and in practice do not affect each other like in Arcos Ltd v E A Ronaasen & Son where the goods were of satisfactory quality and fit…

    • 2069 Words
    • 9 Pages
    Brilliant Essays
  • Improved Essays

    1. Point out which changes are occurring in the business that affect HRM. The external factors due to change in the company revenue which will increase in the next three years due to the up economy affect, with this happening the company will be extremely busy. The company has a total of ten employees that handles the HR functions, in three years five of them will be retiring, leaving only five that are of diverse ages to handle major changes.…

    • 820 Words
    • 4 Pages
    Improved Essays