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B&H Foto Signs Consent Decree with OFCCP and Will Pay $3.22 Million


Affected class includes 1,300 individuals; B&H will make 23 job offers, 16 promotions and salary adjustments

B&H Foto & Electronics signed a consent decree with OFCCP to resolve allegations that the company systematically discriminated against Hispanic employees and female, Black and Asian jobseekers at its Navy Yark, NJ warehouse.

B&H Foto participated in a compliance review in the Northeast Regional office in January 2013. From the audit, OFCCP concluded that the company discriminated against 1000 female, black, and Asian jobseekers who were not hired; 379 Hispanic employees who were not advanced into mid and upper-level positions; and 144 Hispanics employees in shipping worker positions who were paid at a significantly lower rate than comparable white employees. OFCCP also claimed that when B&H Foto was confronted with the employee complaints, it failed to take any corrective action.

The initial complaint filed in February 2015 with the DOL’s Office of Administrative Law Judges asserted that from January 2011 to January 2013 B&H Foto:

• Exclusively hired Hispanic men into the entry-level laborer job group and thereby completely excluded females and nearly excluded black and Asian employees from its warehouse.

• Promoted and compensated its Hispanic workers at a significantly lower rate than similarly situated white employees which attributed to lower pay, fewer advancement opportunities and near-total exclusion from higher level clerical, managerial and supervisory positions.

• Subjected Hispanic employees to racist remarks, degrading comments and harassment.

Additionally, OFCCP alleged that the Navy Yard warehouse location:

• Failed to keep required personnel and employment records.

• Relegated Hispanic warehouse workers to separate, unsanitary and often inoperable restrooms.

• Failed to provide females with their own designated restroom or changing facilities.

As part of the consent decree, B&H Foto will also hire a workplace consultant to revise its employment practices and workplace conduct at the Navy Yard warehouse and a new warehouse to be built in Florence, NJ. Annual training on EEO principles and harassment will be provided to managers.

See Consent Decree.

See Press Release.

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