Employers that design online job applications to minimize the possibility that decision-makers will know about an applicant’s protected status can substantially cut their litigation risk.
Recent case: Tracey Ellis, who is black, sued Chase after the bank declined to hire her as a customer service representative. Ellis had used a web-based process to submit her application and voluntarily provided her racial background for EEO record-keeping purposes. Chase designed the system so racial information wasn’t available to hiring personnel.
Chase granted Ellis a phone interview, during which she said she wanted a male supervisor because she had trouble with female supervisors.
Once her lawsuit reached the courts, it was quickly tossed out because Chase could show that no one involved in hiring new employees knew her race. (Ellis v. Bradley, et al., No. 07-C-5405, ND IL, 2009)
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