EEOC Sues Staffing Agency For Discriminatory Hiring Practices

The U.S. Equal Employment Opportunity Commission (EEOC) sued BaronHR, LLC, a national staffing agency, for discriminatory recruitment practices. The lawsuit also named Radiant Services Corporation, a commercial laundry facility with clients in Southern California that used the staffing agency to hire workers.

BaronHR and Radiant were accused of using unlawful hiring criteria that included denying employment based on the race, national origin, sex, and disabilities of job applicants. The discrimination started in 2015 against African American, Asian and white candidates who applied for low-skill jobs.

The EEOC also accused BaronHR of recruiting and referring job applicants based solely on their sex. Radiant allegedly requested only female candidates for particular “light” positions and only male applicants for “heavy” jobs. BaronHR excluded qualified individuals with disabilities, perceived disabilities, or a history of injuries.

The EEOC filed the lawsuit, EEOC v. Radiant Services Corp. and BaronHR, LLC, in the U.S. District Court for the Central District of California in September. The complaint classifies the companies as joint employers because they “shared and exercised control” over all aspects of employment, including hiring, disciplinary action, and firing. Therefore, they both had a duty to maintain a discrimination-free workplace.

The EEOC believes that staffing agencies are responsible for hiring discrimination when selecting job applicants, even if the discriminatory criteria come straight from the client. As a result, their employment arrangement puts both BaronHR and Radiant under scrutiny in this case.

Not only is discrimination illegal in the workplace, but it is also prohibited in recruiting and hiring. Employers may mistakenly believe that using a staffing agency to hire workers allows them to get away with discriminatory hiring practices. However, screening qualified job applicants based on their race, sex, disability, or other personal characteristics protected under the law is illegal.

While many forms of workplace discrimination can be overt and easier to detect, job applicants may need help knowing when they have been subjected to discriminatory hiring practices. Candidates only sometimes know what positions they were excluded from.

According to the EEOC, Radiant allegedly used coded terms to share its hiring preferences for a specific type of worker. For example, some employers use “light” or “heavy” to indicate to the staffing agency that they are seeking female or male employees, respectively.

Employers engaging in discriminatory practices can be held accountable through a lawsuit. McCormack Law Firm has experience providing quality legal representation to hardworking employees and job applicants. Our San Francisco employment lawyers are dedicated to protecting the rights of those subjected to unlawful treatment at work or during the job-seeking process.

Reach out to McCormack Law Firm today for a free initial consultation. We can help you understand your rights and legal options for pursuing compensation. There is no fee to speak to a lawyer about your case. Contact us today to learn more.