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EEOC's New Strategic Plan Puts Employers on Warning, Continued

In our January 2013 newsletter article EEOC's New Strategic Plan Puts Employers on Warning, six categories were identified in which the EEOC would be prosecuting cases. See full article below and at www.hwelaw.com. The first of the six areas identified was, "eliminating systematic barriers to employment in recruitment and hiring." Systematic meaning, situations in which the process or practice discriminates against significant numbers of applicants or employees. This is compared to a discrimination case involving only a single employee.

It appears the EEOC offices have quickly accepted this new strategic plan, as evidenced by the cases and request for individuals to contact the EEOC regarding potential cases against employers. Listed below is a list of examples in which EEOC is seeking information regarding cases in which it attempts to eliminate systemic barriers to employment in recruitment and hiring.

Texas Roadhouse Litigation
The EEOC has sued the Texas Roadhouse chain of restaurants, claiming that Texas Roadhouse did not hire people age 40 and older because of their age. If you believe you may have been denied a front of the house position such as server, hostess/host, bartender, etc. at Texas Roadhouse because of your age or if you have any information, please contact the EEOC.

Bass Pro Litigation
The EEOC has sued Bass Pro Outdoor World, claiming that it did not hire people because of their race (African-American or black) or national origin (Hispanic or Latino) and that Bass Pro retaliated against employees who complained about discrimination. If you applied for a job at any Bass Pro location and think you may not have been hired due to your race or national origin or if you have any information, please contact the EEOC.

Mavis Discount Tire Litigation
The EEOC has sued Mavis Discount Tire, claiming that Mavis did not hire women as Managers, Assistant Managers, Mechanics, Tire Installers, and similar jobs because of their sex. The agency claims the company systematically rejected all women applicants. If you applied for a job at any Mavis Discount Tire or Cole Muffler location and think you may not have been hired because you are a woman, or you have any information, please contact the EEOC.

As indicated in the previous article, because the EEOC is focusing on systemic discrimination, employers should seek guidance on the following areas:
  • HR policies
  • Recordkeeping
  • Job descriptions
  • Compensation and benefits programs
  • Hiring practices
  • Performance appraisals

If you have any questions, please contact your HWE relationship attorney or visit us at http://www.hwelaw.com

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