PURPOSE AND SCOPE
- Q: What is the purpose of the Guidelines?
A: The guidelines are designed to aid in the achievement of our nation's goal of equal employment opportunity without discrimination on the grounds of race, color, sex, religion or national origin.
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.