EEOC Targets Vendor Hiring Assessments That May Trigger Retaliation Concerns
An employer cannot avoid accountability for problematic pre-employment assessments by outsourcing applicant screening to outside vendors, the Equal Employment Opportunity Commission has signified. In a subpoena enforcement action, the EEOC asked a federal court to compel a third-party vendor to produce information about pre-offer suitability assessments that it administered for a public employer. Pre-employment screening assessment items that reference prior complaints, EEOC activity, or legal proceedings are not automatically unlawful, but they are likely to draw scrutiny because they could deter applicants from...
