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Résumé-Screening software: legal risks and precautions

by on
in Discrimination and Harassment,Employment Law,Human Resources

The federal job anti-discrimination law (Title VII of the Civil Rights Act) prohibits two types of discrimination:

  • Disparate treatment: employer actions that directly discriminate against an employee or applicant based on the person's age, race, gender, religion, national origin or disability status.
  • Disparate impact: employer actions that appear to be neutral but have an unequal (or disparate) impact on a "protected" group of employees.

Because automated tests, such as résumé-screening programs, are blind to applicants' race, religion, gender and national origin, they likely can't create a disparate-treatment case.

However, such programs can still have a disparate impact on minorities. Plus, the U.S. Supreme Court ruled last year that people can also file disparate-impact lawsuits in age-discrimination cases. (Smith v. City of Jackson)

The ADA also prohibits employers from conducting medical tests pri...(register to read more)

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