The latest from Work Matters
| Don't use unemployment as a proxy when it's a poor predictor |
| Let's play claim or no claim. An employer has an absolute rule that applicants for employment are rejected if, at the time of their application, they are unemployed. The EEOC says: potential claim. According to an interesting article in BNA's Employment Discrimination Report for the week of February 23, "EEOC Ponders Potential for Hiring Bias In Excluding Unemployed Job Applicants" by Kevin P. McGowen, the EEOC believes that such a rule has a disparate impact on people who are black, Hispanic, have disabilities, and are older workers. According to the article, a Feb. 16 EEOC hearing took testimony on this issue. The hearing dealt with an employer argument that current unemployment status is a proxy for poor performance. Testimony at the hearing: Current employment status is a poor proxy for successful job performance. My take: Employers must always be wary of absolute rules. Why? Civil rights laws are designed for individual assessments, not barroom generalities. Employers should tread carefully in this area. The EEOC is watching. |
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