Written By Digital Content Editor Thomas Ahearn

On September 13, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against a national staffing agency and a commercial laundry facility that serves the hospitality industry in Southern California for discriminatory denial of employment based on race, national origin, and sex, the EEOC announced.

The EEOC claimed the staffing agency and employer failed to recruit and hire Black, Asian, and White applicants for low-skill positions since 2015, requested only female applicants for certain “light” job positions and only male applicants for “heavy” job positions, and recruited and referred applicants based solely on their sex.

Lastly, the EEOC alleged that the national staffing agency required that applicants have no medical conditions or history of injury, and this unlawful hiring criteria excluded qualified individuals with disabilities, perceived disabilities, or a record of a disability, according to the press release about the EEOC lawsuit.

The EEOC claimed violations of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) which prohibit discrimination in recruitment and hiring. The EEOC filed suit in U.S. District Court for the Central District of California after attempting to reach a pre-litigation settlement through a conciliation process.

“Screening out qualified job applicants based on sex, race, national origin, or disability is prohibited under federal law. The EEOC is here to ensure that job applicants and workers are protected from such injustices in the workplace,” Acting Los Angeles District Director Christine Park-Gonzalez stated in the press release.

“Staffing agencies and employers have a dual-employer relationship, which makes both responsible for ensuring a discrimination-free workplace,” said Los Angeles District Office Attorney Anna Park, who added that requests for preferential hiring in the workforce “extends liability from the employer to the staffing agency.”

Eliminating barriers in recruitment and hiring, especially class-based recruitment and hiring practices that discriminate against racial, ethnic and religious groups, older workers, women, and people with disabilities, is one of six national priorities identified by the Commission’s Strategic Enforcement Plan (SEP).

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. The EEOC offers information about race and color discrimination, sex discrimination, national origin discrimination, and disability discrimination. To learn more about the EEOC, visit www.eeoc.gov.

Employment Screening Resources (ESR) is a service offering of ClearStar, a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. ClearStar offers staffing background checks that help to eliminate unqualified workers. For more information, contact ClearStar.

Employment Screening Resources (ESR) – a service offering of ClearStar – does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

© 2022 Employment Screening Resources (ESR) – A Service Offering of ClearStar – Making copies of or using any part of the ESR News Blog or ESR website for any purpose other than your own personal use is prohibited unless written authorization is first obtained from ESR.

Share on Social Media