This unit will cover the following topics:
- At-will Employment
- Job Advertising
- Background checks
- Hiring minors
This unit will discuss various considerations that attach during the hiring process. To understand many of the concerns outlined within this unit, think about systemic discrimination, and consider the measures that agencies are prioritizing to combat it.
The EEOC has released a report (the “Report”) incorporating its focus on systemic discriminatory policies and practices. The Report defines “systemic” as cases with a “pattern or practice, policy and/or class cases where the discrimination has a broad impact on an industry, profession, company or geographic location.” The EEOC recognizes in the Report that it is uniquely positioned to combat systemic discrimination. (See, Title VII as amended in 1972.) It seeks to have a nationwide systemic practice put in place that “proactively and strategically recognizes and addresses patterns of discrimination that have a broad impact.” Congress conferred broad authority on the EEOC to investigate discrimination allegations, subpoena evidence, and seek class-wide relief, all of which enable it to uncover, combat and eradicate systemic discrimination. It is encouraging that processes are being put in place to better deal with systemic discrimination.
Situations in which the EEOC has been successful in systemic enforcement include:
- Denying women jobs in fields such as truck drivers, dockworkers, laborers
- Refusal to hire African American, Hispanics and older workers for front of the house positions
While not exclusive to hiring situations, the following litigation stats are interesting:
- In FY 2019, Office of General Counsel (“OGC”) filed 144 merits suits, 17 of which were systemic lawsuits (11.8%). Six of these cases were workplace harassment systemic cases. In FY 2020, OGC filed 93 merits suits, 13 of which were systemic lawsuits (13.9%)
- At the end of FY 2019, 60 cases on EEOC’s active litigation docket were systemic suits, accounting for 22% of the 273 active merits suits. At the end of FY 2020, 41 cases on EEOC’s active litigation docket were systemic suits, accounting for 20.3% of the 201 active merit suits.
- In FY 2019, OGC resolved 27 systemic cases, recovering $22.8 million for 2,022 individuals. In FY 2020, OGC resolved 33 systemic cases, recovering $69.9 million for approximately 25,000 individuals.