News Release

US Foods agrees to pay $721K to resolve gender-based hiring discrimination allegations at five locations

Following US Department of Labor reviews, 997 women to receive back wages, interest

WASHINGTON – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has entered into a conciliation agreement with US Foods Inc. to resolve alleged hiring discrimination at the food distributor's five locations in New Jersey, New York, Ohio and North Carolina.

Pursuant to the agreement, US Foods will pay over $721,414 in back wages and interest to 997 female applicants. US Foods will extend job offers to 46 eligible class members and retain a consultant to evaluate its hiring processes. US Foods will also report to OFCCP regularly on its hiring practices.

“Federal contractors like US Foods Inc. must ensure its employment practices comply with all federal laws, particularly those that seek to eliminate gender-based barriers to equal employment,” said Office of Federal Contract Compliance Programs Acting Director Michele Hodge. “Our compliance reviews have produced agreements that benefit the affected applicants and require US Foods to re-examine its hiring policies.” 

A routine compliance review by OFCCP found that five facilities operated by US Foods Inc. in Perth Amboy, and Swedesboro, New Jersey.; Albany, New York; Cincinnati, Ohio and Charlotte, North Carolina discriminated against female applicants for selector and warehouse positions. The agency’s review of the company’s hiring practices covered the periods from Jan. 1, 2019, to Dec. 31, 2019, in Perth Amboy; from Jan. 1, 2020, to June 30, 2021; in Cincinnati, Swedesboro and Albany; and from Jan. 1, 2020, to Dec. 31, 2020, in Charlotte. 

OFCCP determined that the company’s actions violated Executive Order 11246which prohibits federal contractors from discriminating in employment based on race, color, religion, sex, sexual orientation, gender identity or national origin. 

US Foods has previously entered into agreements for similar alleged violations. In 2021, violations were resolved in Montgomery, Alabama and Bensenville, Illinois. In 2019, similar violations were resolved in Ogden, Utah; Lexington, South Carolina; Port Orange and Tampa, Florida. In 2017, similar violations were resolved in Wixom, Michigan. 

Headquartered in Rosemont, Illinois, US Foods Inc. is a subsidiary of US Foods Holding Corp. The company has contracts with many federal departments and agencies, including a $21 million contract with the Department of Defense, and employs about 28,000 people at more than 70 locations. 

OFCCP launched the Class Member Locator to identify applicants or workers who may be entitled to monetary relief and/or consideration for job placement as a result of OFCCP’s compliance evaluations and complaint investigations. If you think you may be a class member who applied for US Foods warehouse positions in Perth Amboy from Jan. 1, 2019 to Dec. 31, 2019; Swedesboro and Albany from Jan. 1, 2020 to June 30, 2021; an order selector position at its Cincinnati facility from Jan. 1, 2020 to June 30, 2021; or a selector position at its Charlotte facility from Jan. 1, 2020 to Dec. 31, 2020, please use OFCCP’ s Class Member Locator to learn more about these and other settlements.

In addition to EO 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974These laws, as amended, prohibit federal contractors and subcontractors from discrimination in employment because of disability or status as a protected veteran.

Learn more about OFCCP

Office of Federal Contract Compliance Programs
October 13, 2023
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Media Contact: Scott Allen
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Media Contact: Rhonda Burke
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