Background: On November 17, 2011, the EEOC issued an informal discussion letter about how the Americans with Disabilities Act (ADA) applies to qualification standards for jobs. The letter can be found at
Recently, the EEOC filed a lawsuit against Hire Dynamics, a staffing firm (click here for the EEOC press release). According to the complaint, after a Hire Dynamics employee filed a charge of discrimination against one of its clients, the staffing firm retaliated by failing to give the employee any further job assignments or opportunities.
If your company’s pre-employment testing process for new hires includesbackground checks and credit reports, please heed warning. The EEOC warns against using credit reports in employment-based decisions as they can create a “disparate impact,” arguing that credit scores in certain protected classes tend to be lower than in others. In recent years, they have tried to bring a few cases to court on these grounds.
What is “religious dress?”
Although it has not yet been defined by a court, “religious dress” means virtually any piece of clothing or accessory that signifies or expresses a religious creed or belief.
This past August, the Buffalo field office of the EEOC opined that a company must not prevent employees involved in an ongoing internal investigation of harassment from discussing it. Almost immediately, employers and lawyers alike began to question what this opinion could mean (in practical terms) since standard operating procedure of an internal investigation is to request confidentiality to ensure the integrity of the investigation.