A Department of Labor administrative law judge has shot down a discrimination complaint against Winston-Salem-based VF Jeanswear Limited Partnership, claiming it discriminated against “non-Asians” in its hiring practices in violation of Executive Order 11246, which forbids racial discrimination in hiring for government contractors.
The apparel manufacturer moved to have the case dismissed, claiming “non-Asian” is not a protected class under 11246. The judge agreed that a class action was tailor-made for this case—but was a bad fit for the law. Employees may allege bias against “non-whites” under the Civil Rights Act and 11246, but no other “non” class is recognized.
The class—made up of whites, Hispanics and blacks—tried to allege a pattern of favoritism toward Asians.
The judge found Hispanics were over-represented in the workforce, whites underrepresented and blacks were present in proportion to their population in the area. That, he decided, meant the workers had no case.