The Law of Intended Consequences?  

On June 28th a federal judge ruled that a fast-food restaurant violated federal law when it refused to hire a female job applicant because she was pregnant and found that such discrimination was intentional when the hiring manager admitted he said, "You're pregnant. We can't hire you." The case is now pending a jury trial on damages. The EEOC is seeking back pay, compensatory and punitive damages and appropriate injunctive relief.

This case falls on the heels of the U.S. Equal Employment Opportunity Commission's (EEOC) June 22nd public hearing on "Disparate Treatment in 21st Century Hiring Decisions." 

As you likely know, two forms or types of unlawful discrimination are adverse impact and disparate treatment.  The former is a "Whoops!" and occurs when an employer does not have the intent to unlawfully discriminate but implements an employment policy, practice or procedure that does adversely impact members of a protected class. You may recall last year, the November edition of this newsletter described another public hearing held by the EEOC that addressed disparate impact that employers' use of credit information may have on certain protected groups. The latter, however, was the focus of the June 22nd hearing.  

A total of nine people presented testimony during the hearing; six of those nine were plaintiffs, plaintiff's counsel or EEOC representatives.  Here are some points raised by the remaining three:

• Employers in America's private sector decide who to hire some 60 million times a year - more than 250,000 times each work day.
• With the advent and ease of internet recruiting and applying on-line, may people apply for positions for which they are not qualified, which may increase the number of failure to hire claims.
• Unlike employers, contingent staffing firms are not required to maintain the same applicant records so defending a claim of discrimination for an employer that use a staffing firm can be difficult.
• Just as employers train their HR staff and managers in employment laws and proper recruitment, selection and hiring procedures, it is important for the EEOC to better understand the various staffing models, placements and legal obligations involved when conducting investigations.
• Train, train, train hiring managers on employment laws related to recruitment, selecting and hiring.

What Next?  The EEOC will hold open the June 22 Commission meeting record for 15 days, and invites audience members, as well as other members of the public, to submit written comments on any issues or matters discussed at the meeting. Public comments may be mailed to Commission Meeting, EEOC Executive Officer, 131 M Street, N.E., Washington, D.C. 20507.  

 Hot Hits!! Education Corner

Where's Walters - 8-6-30?

Ms. Walters will be providing no less than 8 public and private speaking engagements for clients and at conferences in 6 states in the next 30 days.

Visit the calendar of events for a full listing.

Wednesday, July 13th, "Practice Your Passion: Advocacy as a Core Competency for Health Care Recruiters," a keynote presentation presented during the 37th Annual Conference of the National Association for Health Care Recruitment (NAHCR), Raleigh, NC.

Upcoming Client Training Programs

"Maintaining an Inclusive Workplace" (6 sessions) &  "People, Perception & Communication"

NEXT WEBCAST: 

July 27th, 10:00 - 11:00 a.m. EST 

"Employee Handbooks: Read 'Em and Weep?!"