EEOC Cracks Down on Discriminatory Hiring Practices

A detailed report on EEOC perspective appears on the National Law Journal.
By Tresa Baldas
The federal government has launched an initiative aimed at cracking down on discriminatory hiring practices in the workplace -- a program that could land unsuspecting employers in court, employment attorneys are warning.
That's what happened to Walgreen Co. this month, lawyers note, when the Equal Employment Opportunity Commission hit the national pharmacy chain with a class action alleging widespread racial bias against thousands of African-American workers. EEOC v. Walgreen Co., No. 07-172, (S.D. Ill.).
The suit came one week after the EEOC announced "E-RACE" (Eradicating Racism and Colorism from Employment), an initiative that will have federal investigators paying much closer attention to how minorities are hired and promoted.
FOCUS ON HIRING
Specifically, the EEOC will focus on hiring decisions that are based on names, arrest and conviction records, employment and personality tests and credit scores -- all of which may disparately impact people of color.
For example, an African-American might be denied a job when an arrest record shows up on a background check or if a credit score turns out to be low. Such criteria, which have a disparate impact on minorities, were not considered in the past. But employers are increasingly considering such factors when hiring, and may unwittingly be denying jobs to large classes of minorities.
Many states have laws that restrict employers from asking about or considering criminal records when hiring. The EEOC holds that if an employer denies a job to an applicant because he or she has a criminal record, it could be considered discrimination if the person is a minority.
The EEOC also has a new specialized task force -- formed last year -- that will handle evidence turned up by E-RACE. Regional attorneys and directors will investigate in more detail and attempt to establish a pattern of discrimination within industries or employers, and present it to headquarters for possible litigation.
"I don't want employers to get the impression that they're some kind of bull's-eye," said EEOC attorney Paula Bruner, special assistant to the EEOC chairwoman. "We want them to be aware they need to step up in terms of their compliance with our laws."
According to the EEOC, race discrimination complaints continue to be the number one complaint made to the EEOC. In 2006, a total of 27,238 such complaints were filed. The EEOC also has seen a substantial increase over the past 15 years in discrimination claims based on color, which have soared from 374 in 1992 to 1,241 in 2006.
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