The EEOC just recently announced that it was suing FAPS, a New Jersey company that processes newly imported cars for sale in the United States. While we won’t know about the truthfulness of the charges until the legal process is completed, the allegations against FAPS provide examples of the sorts of things that employers clearly need to avoid.

FAPS was found to have a statistically smaller percentage of African American employees in entry level positions than would be expected given the demography of the area (northern New Jersey). First, it is alleged that the organization relied almost exclusively on word-of-mouth recruiting which led to limited number of African Americans applying for jobs. This recruitment model would likely be seen as having adverse impact because it in and of itself is not deliberately discriminatory but did result in decreased numbers of African Americans applying for work. (This also illustrates how the concept of adverse impact applies to the entire selection process, not simply assessments). However, it is also further alleged that when African Americans did come to apply, they were told that no jobs were available ever though they were. This would be considered to be discriminatory because the intent is deliberate. Making matters worse, the EEOC also claims that the company asked questions about physical impairments on the application form which is a violation of the Americans with Disabilities Act.

Reid Klion