Foley & Lardner LLP Associate Chrissy Wabiszewski is quoted in the Bloomberg Law article, “Staffing Agencies Accused of Biased Hiring Grab EEOC’s Attention,” discussing the U.S. Equal Employment Opportunity Commission’s (EEOC) recent enforcement surge against staffing agencies for hiring discrimination.
Wabiszewski said, “Using a temporary agency to hire workers isn’t a get out of jail free card for employers,” noting that as soon as an employer makes a request to a staffing agency for candidate characteristics that aren’t work-related, a ‘right to control’ aspect necessary to establish a joint employer relationship under Title VII of the Civil Rights Act of 1964 could be triggered.
Wabiszewski noted that companies should carefully review their staffing agency contract to understand where liability is shared and, when appropriate, negotiate those terms.
“Generally, during the course of your staffing agency relationship, make sure you are working closely with that agency so that if there’s any funny business, you can smell that early and either ensure compliance or walk away,” Wabiszewski added.