Gordon Food Services, one of the largest food distribution companies in the United States, was recently ordered by the U.S. Department of Labor to cease what the Department considers gender-discriminatory practices in the company’s recruiting process. The Department of Labor found that Gordon systematically eliminated qualified female applicants for warehouse positions in recent years, hiring men over women at a ratio of 50-1. The company passed over female applicants through the use of a rigorous strength test now determined to be “more stringent than actual job requirements.”
It is unlawful for an employer to discriminate in hiring unless it is for a “bona fide occupational qualification.” However, going above and beyond the requirements can bring a legitimate claim of discrimination. For instance, if a job requires lifting a certain amount of weight on a somewhat routine basis, screening for the ability to lift that weight is appropriate. However, screening on the basis of the ability to lift twice that weight may be construed as discrimination. Also, if there are simple ways to reduce the weight in question, such as disassembly of the item or the use of a pallet jack or other mechanical device, the ability to lift the entirety of the object’s weight is not a bona fide job requirement.
Factory and warehouse jobs have traditionally been held by men in the United States. This may lead to the dangerous assumption for hiring managers that only men are qualified to perform these jobs. Employers should learn from Gordon Food Services’ mistake and heed the warning of the Department of Labor that such assumptions are not within the letter of the law and will not be tolerated. Any questions regarding the identification of bona fide jobs requirements or general queries about avoiding gender discrimination in the hiring process should be directed to an attorney well-versed in the area of employment law.
This article was written by Tyler Kemper, law clerk.
