Summary Of Case
Marquez Brothers and its affiliates preferred Hispanic job applicants over all other races (including black, white and Asian applicants) in unskilled production and warehouse positions.
The suit further stated that the company discouraged non-Hispanic applicants from applying for open positions, by, among other things, imposing a language requirement not required for the job.
About Marquez Brothers
In the early 80’s, driven by the lack of authentic products in the market, the El Mexicano® brand was born.
What began as a small business, peddling homemade Mexican cheeses and creams to local stores, soon expanded to a state of the art production facility and hundreds of dairy packaged goods.
With marquez brothers international being established in 1981 it is a family-owned corporation that Mexican food products through a distribution network in the United States, Mexico, Canada, and Europe.The featultie offers production, distribution, entertainment and telecommunication services. Marquez Brothers International maintains a location in Hanford, California. They company has a range of more than 900 items of perishable and grocery products which is Known best for our many authentic cheeses such as El Mexicano® Queso Fresco Casero®, Panela, Cotija and Oaxaca, the El Mexicano® brand includes an assortment of perishable items. They now carry deli meats, desserts, probiotics, and the family classic, our El Mexicano® Drinkable yogurts and smoothies. Today, El Mexicano brand is widely recognized as the market leader in authenticity, quality, and flavor. It was there vision to bring to the market products that would reach culinary traditions, and become a staple in the kitchens of their consumers, generation after generation. It was there commitment to providing the Hispanic community with the products they are accustomed to back home has allowed them to branch out into grocery and non-food products as well. This has given El Mexicano the opportunity to become a nationally recognized brand and beloved household name.
Diversity at Marquez Brothers
Have a history of only hiring hispanics to work in the factory
A reason the company gave for not hiring non-hispanics is because of a language requirement
52.4% Male workers within the facilities
61.1% Hispanics or Latinos
28% White workers
100% Spanish speaking environment
TextBook Correlation
Marquez Brothers preferred Hispanic job applicants over all other races in all positions
Under Title VII of the Civil Rights Act of 1964, it is illegal for an employer to discriminate in hiring, firing, promoting, compensating, or in terms, conditions, or privileges of employment based on race, color, sex, religion or national origin.
EEOC is empowered to investigate, conciliate, and litigate charges of discrimination arising under provisions of Title VII
According to EEOC’s lawsuit, Marquez Brothers and its affiliates preferred Hispanic job applicants over all other races (including black, white and Asian applicants) in unskilled production and warehouse positions
About the EEOC Case
Marquez Brothers discriminated against non-Hispanic job applicants, including “refusing to accept [employment] applications from non-Hispanic applicants,”
EEOC officials said that applicants who sought warehouse or production work at Marquez Brothers were passed over or discouraged
Marquez Brothers violates Title VII of the Civil Rights Act of 1964. The EEOC filed its suit against the company in U.S. District Court for the Eastern District of California
Applicants may be eligible for compensation from the settlement.
Retributions
$2 million in fines and penalties along with other future preventative measures
Along with the settlement, Marquez Brothers agreed to change its hiring policy to prevent discrimination in the future, including hiring an external monitor; implementing hiring goals and measures to ensure hiring transparency and diversification, training, reporting, and other significant measures. In addition, the company has agreed to maintain a centralized tracking system for all complaints of discrimination. The court will maintain jurisdiction of the case during the decree’s three-year term.
How Marquez Brothers HR can Improve (new practices)
Since the company were involved in racial hiring and only hiring Hispanics, there are some solutions for the company to avoid more lawsuits in the future.
Hiring a diverse HR team and giving them full authorisation for hiring.
Hiring an external HR company to handle the hiring process for the company.
Implementing a program where applicants are referred to by numbers.
If the company want to embrace their heritage, they can do siesta where their employees gets a mid-day break. Encourage workers to learn to speak Spanish, but don’t make it a necessity for employment.