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August 26, 2024
The U.S. Equal Employment Opportunity Commission (EEOC) recently reported a settlement with SmartTalent, LLC, a staffing agency in Washington State that places temporary employees with businesses across various industries. SmartTalent will pay $875,000 and provide other relief to resolve a lawsuit that alleged that it engaged in sex discrimination when it complied with clients’ discriminatory requests to fill job vacancies with only male workers.
The EEOC’s lawsuit alleged that SmartTalent engaged in a pattern of discrimination against women in hiring and job assignments since at least 2015. Specifically, the EEOC alleged that SmartTalent received emails from business clients that included specific requests for male workers, such as, “needs to be a guy,” “strong dudes,” “guys only,” “young guys,” “strong guy,” “2 guys–preferably young/energetic,” and “good solid dudes.” The EEOC further alleged that SmartTalent’s managers (1) instructed recruiters at staff meetings to comply with sex-based requests of business clients when filling positions; and (2) dismissed concerns that recruiters raised about such requests being discriminatory. The EEOC also alleged that SmartTalent recruiters communicated to female workers that certain positions were not available to them or would not be a good placement based on their sex, including alleging that recruiters told female workers that labor-intensive jobs would be too hard for them; that warehouse jobs are mainly for men; that warehouse work was not a “woman’s job”; and that SmartTalent would never put women in a warehouse because that is not where women belong.
If proven, such conduct violates Title VII of the Civil Rights Act of 1964, which prohibits an employment agency from fulfilling discriminatory employer preferences or making referrals based on sex.
The EEOC and SmartTalent resolved the dispute with a three-year consent decree. Pursuant to the decree, SmartTalent will pay $875,000 to eligible claimants and will retain an independent consultant to draft and implement policies and procedures prohibiting discrimination against female workers and investigate all complaints of discrimination. SmartTalent also will retain a third party to train its managers and recruiters on the requirements of Title VII and SmartTalent’s new anti-discrimination policies. Additionally, SmartTalent will hold managers and recruiters accountable for compliance with its anti-discrimination policies and procedures through active monitoring and written evaluations.
The case is EEOC v. SmartTalent, LLC, Case No. 2:22-cv-01102-RSM (W.D. Wash.).
Employers: The customer is not always right. If you accommodate a client’s discriminatory request, you too are discriminating. Hiring decisions and referrals should not be based on stereotypes. They should be based on a worker’s merits. See the Application of EEO Laws to Contingent Workers Placed by Temporary Employment Agencies and Other Staffing Firms for more guidance to staffing agencies from the EEOC.
*Special thanks to Nella Venella, our paralegal, for her contributions to this article.
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
