Salt Lake-based Sweet Candy Co. and the U.S. Equal Employment Opportunity Commission announced Friday they have reached an agreement that resolves charges of discrimination filed by two employees against the company.
In a joint statement, Sweet Candy and the EEOC said the company has agreed to end its English language proficiency test, which the EEOC determined had unfairly excluded Hispanic and Asian workers.
The statement said three Latinos and an Asian employee lost their jobs after failing the exam, and two of the terminated employees filed charges against Sweet Candy. A joint investigation by the Utah Anti Discrimination and Labor Division of the Utah Labor Commission and the Phoenix EEOC office found that passing the English proficiency examination was not necessary to perform the job.
Sweet said it has agreed to pay "appropriate monetary compensation" to the workers who filed discrimination charges against it and to other employees who lost their jobs because they did not pass the proficiency exam. No details were disclosed regarding compensation amounts.
The company also agreed to create at least a $27,000 scholarship fund to help students with language skills training, career advancement training or equal employment opportunity training.
Mary Jo O'Neill, regional attorney for the EEOC's Phoenix District Office, said fluency requirements are generally only allowed if they are required for the effective performance of the job.
"Because the degree of fluency that may be lawfully required varies from one position to the next, employers should avoid fluency requirements that apply uniformly to a broad range of dissimilar positions," O'Neill said in the statement. "As with a foreign accent, an individual's lack of proficiency in English may interfere with job performance in some circumstances but not in others. Employers should not require a greater degree of fluency than is necessary for the relevant position."
Tony Sweet, president of Sweet Candy, said in the statement that use of the English exam "was intended to promote safety and efficiency and not to discriminate on national origin or any other basis." But in working with the EEOC, he said, the company "recognized that the exam had some flaws and agreed to cease using it. We take pride in our record of providing employment opportunities to Latino, Asian and other minority workers, who make up approximately one-half of our total work force, and in helping those workers who desire it to become more proficient in English."
Chester Bailey, district director of the EEOC's Phoenix office, said Sweet Candy "should be commended for its willingness to reconsider the use of its English proficiency examination and its commitment to creating a level playing field for its employees and applicants."
"This is an excellent example of how an employer and the EEOC can work together to promote equal opportunity in the workplace," Bailey stated.