A Different Slant on Class-Based Hiring Discrimination
by cjleclaire
 Stephen Hans Blog
Jan 29, 2015 | 0 views | 0 0 comments | 0 0 recommendations | email to a friend | print | permalink
Author: Stephen D. Hans

Most employers are familiar with the pitfalls of discriminating against applicants in protected classes under Civil Rights laws. For the most part, African Americans, Hispanics and other minority groups experience the brunt of this type of discrimination. Some companies bend over backwards to accommodate Hispanic and Spanish-speaking job candidates so they can show diversity in hiring. However, recently a case brought by the Equal Employment Opportunity Commission (EEOC) had a different twist.

The EEOC charged Lawler Foods, Inc. and Lawler Foods, Ltd. in Houston, Texas with discrimination against African-American and non-Hispanic applicants.

Since 2007, Lawler staff who were hiring for the company had been telling non-Hispanic applicants that they could not hire them because they were not Hispanic or did not speak Spanish. Statistical and anecdotal evidence showed the following about Lawler Foods’ treatment of non-Hispanic applicants:
• Rude behavior towards them
• Making them wait endlessly for interviews while at the same time interviewing Hispanic applicants
• Non-Hispanic applicants typically having better qualifications of more education and more relevant work experience than Hispanic applicants, but not being hired
• Reliance on word-of-mouth hiring
• Advertising that indicated a preference for Spanish-speaking applicants

When the EEOC could not reach a settlement with Lawler Foods, it pursued a lawsuit, alleging that the Lawler companies were in violation of Title VII of the Civil Rights Act. Company employers had excluded people on the basis of national origin or race, and this was, in effect, class-based recruitment.

Employers who face unusual employment situations should consult with an employment defense attorney to ensure their policies and hiring practices are in compliance with discrimination laws. Our attorneys at Stephen Hans & Associates have extensive experience as employment defense lawyers and can help you deal with employment related disputes and litigation.

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Tom M
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January 29, 2015
The issue of the homeless starts with tenants not paying their rents. It would be MUCH less expensive to increase rent subsidies and keep these families in their homes and communities. The WAREHOUSING of the homeless in converted factories is the real crime being committed by the DHS.
Joseoh
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January 29, 2015
Not sure whose responsibility it is, but the issue of the HOMELESS is becoming more and more of an issue, when it had not been. If anyone travels the subway in the evening hours, especially those coming to the Borough of Queens on the E and F trains, one can SMELL and SEE it. Where have they all come from! And so yes, someone, whether our BP or the MAYOR must address this concern.
An allt-too familiar sight recently
Jan 28, 2015 | 92 views | 0 0 comments | 0 0 recommendations | email to a friend | print
Last week, we ran this photo from our archives asking for any information about its history. Jeff Gottlieb, president of the Central Queens Historical Association, believes it was taken at the funeral for Officer Edward Byrne, a member of the 103rd Precinct who was murdered as he staked out a home at the intersection of 107th Avenue and Inwood Street in February of 1988. The home belonged to a Guyanese immigrant who repeatedly called police concerning illegal activities on his street. The home had been firebombed twice and the owner repeatedly threatened. Despite the dangerous situation and the growing violence related to drug dealing in south Queens, Byrne was assigned to the stakeout without a partner. As he sat in his car, two men approached. One knocked on the passenger side window of the police cruiser to get Byrne's attention while another man shot him five times in the head through the driver's side window. The killers and two men who acted as lookouts were later arrested and sentenced to 25 years to life in prison. The murder of Byrne, who was just 22 years old and had joined the force just two years earlier, sparked national outrage and led to a crack down on violence in the borough. There's several reminders of Officer Byrne in Queens. A section of 91st Avenue was named in his honor, Officer Edward Byrne Park was dedicated in 1995, and the Police Athletic league renamed its Queens Center after him. Some notable people in the photo include a young Rudy Giuliani (third from right, second row), then starting with the third from the right and moving left, then-Police Commissioner Benjamin Ward, Mayor Ed Koch, Senator Alfonse D'Amato, Congressman Mario Biaggi, and Matthew Byrne, Edward's father and himself a former police officer.
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