It’s the perfect storm for a hiring-discrimination lawsuit: slashed recruiting budgets and managers who haven’t been trained in the validity of hiring. Unfortunately, companies often devote too little time to making sure their recruiting practices are compliant, and “they’re losing a large percentage of hiring cases,” says employment-relations attorney Bob Gregg, a partner at Boardman Law Firm.
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EEOC-enforced laws cover employers and entities such as employment agencies and make it illegal to recruit and hire new employees in ways that discriminate based on race, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. For example, unless necessary to the operation of the business, the EEOC prohibits a covered employer from testing the reading ability of Black applicants but not testing the reading ability of white counterparts. In Lewis v. the City of Chicago, a group of Black firefighters argued that a test used to recruit new hires for the Fire Department of Chicago was racially discriminatory.
