Manufacturing staffing company will pay $75K to settle claim it refused to hire German-born citizen

Dive Brief:

ResourceMFG, a manufacturing staffing company, agreed to a $75,000 settlement March 20 in a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC v. Employbridge of Dallas, Inc. d/b/a ResourceMFG, No. 22-499 (W.D. Okla. June 17, 2022)). The lawsuit alleged the company rejected a job applicant because she was born outside of the U.S., according to a news release.
The EEOC alleged the company violated Title VII of the Civil Rights Act of 1964 because it stopped the onboarding process for a German-born, naturalized U.S. citizen offered a job at a government contractor that required U.S. citizenship after she could not produce a U.S. birth certificate. EmployBridge, the firm's parent company, declined to comment.
Under the terms of the settlement, ResourceMFG will also establish policies that will ensure it complies with Title VII in the future, the release said. The company also will have to report to the EEOC and notify applicants that it is an equal opportunity employer. “Federal law requires all workers be given equal opportunity in employment regardless of their national origin. We are pleased this decree provides training to managers and recruiters about Title VII's requirements,” David Davis, acting director of the EEOC’s St. Louis District office, said in the release.

Dive Insight:

Title VII of the Civil Rights Act of 1964 forbids employers from discriminating against employees or applicants because of their country of origin, ethnicity or accent, as well as their race, color, religion, sex, disability or age. That applies to hiring, firing, assignments and any other part of employment, the EEOC said.

In addition, the Immigration Reform and Control Act of 1986 forbids employers from refusing to accept or requesting more than necessary documentation proving employment eligibility, the EEOC said.

ResourceMFG allegedly demanded the candidate supply a U.S. birth certificate and refused to accept other documents establishing her U.S. citizenship, the EEOC said.

“Citizenship requirements are permitted only where required by law, regulation, executive order or government contract,” Andrea Baran, regional attorney for the EEOC’s St. Louis District office, said in the release. “Staffing agencies may not add additional requirements, such as U.S. birth, when screening or selecting applicants for referral to positions with legitimate citizenship requirements.”

EEOC has pursued a few lawsuits involving staffing agencies in recent months. In October, a staffing firm settled a lawsuit filed by the agency for $550,000 that alleged it refused applicants or put them in low-paying jobs because they were Black, female, over 50, pregnant or disabled, according to the EEOC. In the settlement, the company, Staffing Solutions of WNY Inc., agreed to have an independent monitor review its hiring decisions to ensure they aren’t discriminatory.