‘Hello, Liability?’ The new trend of telephone testing — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

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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