Bimbo Bakers Enters into Agreement with OFCCP

Bimbo Bakeries is known by brand names: Sara Lee, Arnold, Entenmann’s, Thomas’, Beefsteak, Freihofter’s, Nature’ Harvest, and Boboli

During a routine compliance review, the Office of Federal Compliance Programs (OFCCP) found that from January 1, 2018, to June 30, 2019, Bimbo Bakeries USA Inc. discriminated against female applicants applying for jobber or baker’s helper positions at their Bellevue, Nebraska facility. The jobber positions also included bakers and loaders, according to the OFCCP press release.

Bimbo Bakeries signed a conciliation agreement where OFCCP alleged that the company “failed to perform in-depth analyses of its total employment process to determine whether and where impediments to equal employment opportunity exist.” Bimbo denied the allegations but agreed to pay $131,000 in back pay and interest, offer jobs to seven female applicants as vacancies occur, track selection decisions, and document each step in the hiring process. They also agreed to provide training to managers, supervisors, and other company officials involved in the hiring process to ensure that hiring policies and procedures are free from discrimination.

This is not the first time Bimbo Bakers has been cited for discrimination by the OFCCP.   In 2015, the company signed a conciliation agreement with Bimbo Bakers to resolve allegations of hiring discrimination against female applicants at their Hazleton, PA location. OFCCP determined that between October 1, 2011, through September 30, 2013, the company discriminated against females applying for the Baker’s Helper position. Bimbo Bakers also paid out $52,310.08 representing back pay and interest.

OutSolve’s Take

We know that hiring is an area on which OFCCP focuses because many contractors fail to have a system for reviewing their hiring practices and decisions. Contractors also have a poor record of training hiring managers on their affirmative action plan responsibilities. Either Bimbo Bakeries didn’t learn their lesson from the earlier compliance evaluation or failed to implement across their locations procedures for ensuring non-discriminatory hiring practices. It is crucial that all contractors review their hiring policies, procedures, and practices, and train their hiring managers to ensure that hiring decisions are being made in an impartial manner based on qualifications.

The impact ratio analyses and education/training programs that OutSolve offers to support our client’s affirmative action plans should assist in this process. For further information, assistance, or support, either contact your consultant or us directly at info@outsolve.com or by calling 888-414-2410.