October 03, 2022
Staffing Options of WNY Inc., a Buffalo, New York-based staffing agency, agreed to pay $550,000 to settle a discrimination lawsuit filed by the US Equal Employment Alternative Fee. the corporate denied the allegations.
In its announcement, the EEOC alleged the corporate both refused to rent extremely certified Black candidates or positioned them within the lowest paying, least fascinating jobs. The company additionally alleged the corporate complied with purchasers’ race and intercourse preferences, positioned workers in positions primarily based on race and intercourse and rejected pregnant candidates.
Moreover, the EEOC mentioned candidates over the age of fifty have been routinely rejected by Staffing Options. Additionally, candidates have been improperly requested about accidents and medical situations after which rejected if the corporate deemed them disabled.
In one other allegation, the EEOC charged that an workplace supervisor for Staffing Options complained concerning the unlawful hiring practices however was warned that she can be fired if she did not comply. Because of this, the workplace supervisor resigned.
Staffing Options rejects the claims.
“Staffing Options vehemently denies that it engaged in any discrimination and is troubled by the truth that the EEOC’s press launch failed to tell the general public that the consent decree expressly states that it denies all the allegations made by the EEOC,” in line with an announcement by the corporate.
“Staffing Options’ determination to settle was a troublesome one,” the corporate acknowledged. “The EEOC’s investigation and lawsuit has distracted the corporate for over 5 years from its main objective of offering short-term employment to space residents, a lot of whom are minorities and BIPOC individuals. After 5 years, it merely grew to become too expensive and time consuming for Staffing Options to proceed to combat these meritless allegations.”
“It was surprising and disturbing that the EEOC had introduced such meritless claims and continued to relentlessly pursue them for greater than 5 years,” proprietor Kathleen Faulhaber mentioned.
Staffing Options has at all times employed a workforce consisting of roughly 70% Black and Hispanic and BIPOC folks, Faulhaber mentioned in an announcement.
“It’s actually disappointing that this meritless investigation and lawsuit was pursued for greater than 5 years,” Staffing Options’ lawyer Linda Joseph mentioned. “It has develop into essential to enter into this consent decree for very pragmatic monetary causes and it needs to be understood that the consent decree is solely a settlement and never an act of contrition in anyway.”
The three-year consent decree settling the go well with gives $475,000 to be distributed to candidates and workers who have been subjected to Staffing Options’ discriminatory practices, in line with the EEOC. As well as, Staffing Options pays $75,000 to retain an unbiased monitor to repeatedly assessment its hiring and placement selections to make sure they’re authorized, present its proprietor and inner employees with intensive anti-discrimination coaching and examine complaints of discrimination.
Additionally, the decree requires Staffing Options’ proprietor to ship a letter to all purchasers committing the corporate to following federal legal guidelines prohibiting discrimination, in line with the EEOC. The decree additionally contains varied injunctions in opposition to discrimination sooner or later and requires the corporate to undertake a sturdy anti-discrimination coverage and distribute it to all candidates and workers. The EEOC will monitor Staffing Options’ compliance with these obligations for the subsequent three years.
“The legislation is obvious that complying with a shopper’s discriminatory request is illegitimate,” mentioned Jeffrey Burstein, regional lawyer for EEOC’s New York District Workplace. “Staffing corporations can’t prioritize purchasers’ discriminatory preferences over following the legislation.”