by Mindy Chapman, Esq.

Why does “testing” bring about that sledgehammer-in-the-stomach feeling? Maybe because, as students, we never knew quite what to expect. Now, the same is true when it comes to a recent trend in employment-law cases: applicants and employees making phone calls to secretly test whether your organization is discriminating.

While the U.S. Supreme Court has long acknowledged the importance and legality of testers in civil-rights claims, two new court cases offer critical lessons for employers:

“Hello, can I please schedule an interview?” The EEOC is suing Target Corp., claiming the company violated federal race-discrimination law by refusing to hire three black management applicants because of their race. Target had e-mailed the candidates and asked them to call and schedule interviews. All were denied interviews after their calls.

The twist: One applicant had a hunch she was being discriminated aga...(register to read more)

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