Can an Employer Use Job Listings to Discriminate?
A settlement announced by the U.S. Department of Justice on Dec. 8, 2020, provides a clear, real-world answer to the question of how an employer can use job listings to illegally discriminate against people who are looking for work. These cases usually require a lot of investigation and testimony to reveal exactly how and why the employer was discriminating. The investigation in this particular case involved a Texas-based IT staffing firm called IKON Systems, LLC. No employer can discriminate against job seekers based on national origin or race, as illustrated by this case. Making It Clear That Only Certain Applicants Would Receive Interviews Is Illegal According to a DOJ press release, authorities opened their investigation into Ikon’s recruiting practices in 2019. A U.S. citizen alerted DOJ’s Civil Rights Division that the company was posting job announcements containing lines such as “Looking for OPT, CPT, H4 EAD, and H-1B transfer.” The codes are temporary work vis...