APRIL 2009

Robertson Sanitation fined for failure to hire female drivers
EEOC: Company hired less qualified males

Robertson Sanitation, a Phoenix-based trash hauling, recycling and disposal company that operates in Georgia, will pay $475,000 to settle a sex discrimination lawsuit brought by the United States Equal Employment Opportunity Commission (EEOC).

According to the EEOC’s suit, Jeanine Moore applied for a truck driver position with Robertson at its Winder, Georgia, facility in August 2005. Although she was more qualified than a number of male applicants who were hired, Moore was never interviewed and never received an offer.

The EEOC said that the job applications for the Winder location between January 2005 and September 2006 shows that some of the men hired were less qualified than Moore, including six males who the agency claims lacked Robertson’s minimum qualifications for the truck driver position. Investigation of Moore’s allegations revealed a class of similarly qualified women who, like Moore, were also rejected despite their qualifications. The EEOC said the employer subjected female applicants to discriminatory hiring practices at the Winder facility as well as the Austell, Georgia, facility.

The consent decree settling the suit provides for $475,000 in monetary relief to the class of qualified female applicants who were discriminatorily rejected for employment between January 1, 2005 and October 31, 2006. Moore will receive $70,000 in damages while the remaining funds will be distributed among the remaining qualified claimants whose eligibility will be determined by a procedure set forth in the decree.

In addition to the monetary relief, Robertson Sanitation, a division of Republic Services of Georgia, has agreed to exercise good faith in offering employment to qualified female applicants for residential, commercial, industrial and roll-off truck driver positions at the Winder and Austell facilities. According to the decree, “good faith will be measured against the standard of offering employment to at least 70 percent of the females in the qualified applicant pool.”

The decree has a term of four years and requires Robertson to submit a report each year identifying the name, sex and qualifications of all qualified applicants for truck driver positions, the persons offered positions, and the persons hired. Robertson shall also maintain all driver applications for the duration of the decree for inspection, and provide an explanation for each time a qualified female applicant is not offered a position. The EEOC will have the right to review Robertson’s compliance with the requirements of the decree through, among other things, inspection of all documents used or considered in the hiring process.