It is unlawful for employers to discriminate against job applicants based on race and gender, among other factors.  Despite this,unlawful screening activity takes place throughout the nation. Recently, retailer giant Target agreed to compensate some rejected job candidates who allege they were screened out disproportionately in the hiring process, due to their gender or race.

The Acting Director for the U.S. Equal Employment Opportunity Commission, in the District where Target is headquartered, said that an investigation into the tests began in 2006.  The jobs in question were for “high level, non-hourly” positions.  Since that time, Target has retired the tests.

The EEOC said that the tests contained a statistical analysis that had an adverse impact on applicants in certain demographics. This adverse impact led to women, Asians, and African Americans being disproportionately screened out of the application process. Ultimately the tests were deemed insufficiently job-related to pass legal muster.

While Target is no longer using the tests, and says it did nothing wrong, it nonetheless agreed to settle with the plaintiffs. In doing so, Target cited the significant resources it would have to expend to litigate the case.

As a result of the settlement, Target will pay $2.8 million to more than 3,000 individuals who took the tests and were not hired.

Conclusion

Cases like this one take time to resolve, and the outcome is never guaranteed. Those who believe they are the victims of discrimination should take a stand. In addition to advocating for themselves, they could be standing up for others as well.

In any employment law matter, contacting an experienced and knowledgeable employment lawyer for workers is the best place to start.  We will investigate the facts, research the law, present your legal options, and give you an opinion about the best way to proceed.  Call or write us today.  We will be happy to help you.