Title VII Coverage of Employment Agencies
The Equal Employment Opportunity Commission (EEOC), interprets and enforces Title VII’s prohibition of discrimination as forbidding any employment discrimination by employers against employees based upon race, color, gender, religion, sex, age, genetic information, or national origin.
Under Title VII and subsequent Federal anti-discrimination laws, an employment agency, such as a temporary staffing agency or a recruitment company, is covered if the agency regularly refers employees to employers. This is true even if the employment agency doesn’t receive payment for this service. Further, there is no employee minimum for an employment agency so the agency is covered no matter how many employees it has.
Under the law, an employment agency is prohibited from discriminating against its own employees, as well as in its referral practices, and may not honor discriminatory employer preferences. For example, it is unlawful to accept a job order specifying the race, color, religion, sex, national origin, age, or disability status of the candidate. An employment agency is further prohibited from categorizing, grouping, or classifying job applicants, jobs, or employers based on race, color, religion, sex, national origin, age, or disability status and making referrals based on the categorizations.
It is also important to keep in mind that, if an employment agency is not covered by the laws enforced by the EEOC, it still may be covered by a State or local anti-discrimination law and therefore should be familiar with all Federal and State anti-discrimination and anti-harassment laws and regulations to which it may be subjected.
If you are an employer and are faced with an employee claim of discrimination under Title VII, or are facing a claim under jurisdiction of the EEOC, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.
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