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) A recent case involving Tyson Foods Inc.
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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 complied. Another important law is the Rehabilitation Act (1973). This law after amendment, was enacted to protect all individuals who have a disability which is defined as: (a) with a physical or mental impairment that constitutes or results in a substantial impediment to employment and (b) who may benefit from vocational rehabilitation. Under Section 504 of this same act, individuals with disabilities are defined differently as: (a) with a physical or mental impairment that substantially limits one or more major life activities, (b) with a record of such an impairment, or (c) who is regarded as having such an impairment (Mayes 2006). This version under Section 504 also aligns with the American’s with Disabilities Act (ADA) which protects individuals with disabilities when it comes to job application process, hiring, advancement or discharge of employees, compensation, job training and other conditions and privileges of employment (Heneman, 2014, 70). This ADA also protects any persons who are associated with a person defined as disabled like caregivers. On February 1, 2016, Dr. Rochelle Flynn, a former contract pediatrician filed suit against Distinctive Home Care Inc. for employment discrimination under section 504 of the Rehabilitation Act. In her suit, she claimed she was removed from service after being diagnosed with Autism Spectrum Disorder-Mild which is a psychological disorder that affects social communication and interaction, behavior that causes a person to stick to a specific daily routine. (nimh.nih.gov). an officer at Distinctive reported complaints from patients regarding the change in Flynn’s behavior and as a result, she was removed from practicing at the clinic. During a conference call on June 7, 2013, Flynn requested to be reinstated with accommodations which was denied on June 28th. After reviewing the claim, the district court held Flynn’s claim was not valid as an independent contractor however it later was reversed by the Fifth Circuit which held that although Flynn was an independent contractor, she could still file a claim for disability discrimination under the Rehabilitation Act of 1973. The court determined that Title I prohibits discrimination “in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.”22 Section …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
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 complied. Another important law is the Rehabilitation Act (1973). This law after amendment, was enacted to protect all individuals who have a disability which is defined as: (a) with a physical or mental impairment that constitutes or results in a substantial impediment to employment and (b) who may benefit from vocational rehabilitation. Under Section 504 of this same act, individuals with disabilities are defined differently as: (a) with a physical or mental impairment that substantially limits one or more major life activities, (b) with a record of such an impairment, or (c) who is regarded as having such an impairment (Mayes 2006). This version under Section 504 also aligns with the American’s with Disabilities Act (ADA) which protects individuals with disabilities when it comes to job application process, hiring, advancement or discharge of employees, compensation, job training and other conditions and privileges of employment (Heneman, 2014, 70). This ADA also protects any persons who are associated with a person defined as disabled like caregivers. On February 1, 2016, Dr. Rochelle Flynn, a former contract pediatrician filed suit against Distinctive Home Care Inc. for employment discrimination under section 504 of the Rehabilitation Act. In her suit, she claimed she was removed from service after being diagnosed with Autism Spectrum Disorder-Mild which is a psychological disorder that affects social communication and interaction, behavior that causes a person to stick to a specific daily routine. (nimh.nih.gov). an officer at Distinctive reported complaints from patients regarding the change in Flynn’s behavior and as a result, she was removed from practicing at the clinic. During a conference call on June 7, 2013, Flynn requested to be reinstated with accommodations which was denied on June 28th. After reviewing the claim, the district court held Flynn’s claim was not valid as an independent contractor however it later was reversed by the Fifth Circuit which held that although Flynn was an independent contractor, she could still file a claim for disability discrimination under the Rehabilitation Act of 1973. The court determined that Title I prohibits discrimination “in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.”22 Section …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