On February 22, 2016, the Office of Federal Contract Compliance Programs (OFCCP) announced a settlement with Reynolds Consumer Products. The settlement includes a payment of $86,000 to a class of 74 African American applicants and a promise to offer jobs to seven class members as positions become available. The Conciliation Agreement can be found at: https://www.dol.gov/ofccp/foia/files/Reynolds_Redacted.pdf.
The Conciliation Agreement states that the OFCCP found, based on personnel activity data for the period of March 1, 2007 and February 28, 2008, Reynolds Consumer Products disproportionately hired whites into production worker positions. The OFCCP determined this was based on a blanket policy to exclude candidates based on their criminal history without any individual assessment of the nature and gravity of the crimes, age of the convictions, or nature of the production worker position. This had a disparate impact on black applicants. Reynolds Consumer Products could not show that the policy was job related and consistent with business necessity, nor could they produce a validity study or evidence demonstrating its validity in accordance with the Uniform Guidelines on Employee Selection Procedures.
Reynolds acquired the plant in 2008 and this policy was only used by the predecessor. In addition to the $86,000 monetary settlement, Reynolds Consumer Products has agreed to extend seven job offers to members of the class.
Please contact us by calling (732) 446-2529 or sending us an e-mail at glennbarlett@gbcs.net if you are interested in discussing the OFCCP’s settlement with Reynolds Consumer Products.