Retail giant Target Corporation has just agreed to pay $2.8 million to
settle an employment discrimination complaint. The race and
disability discrimination lawsuit alleged that applicants for upper level jobs were improperly screened
out. According to the complaint, the tests given to candidates were not
sufficiently neutral. Instead, the tests disproportionately screened out
women, Asians and blacks.
Further, a second assessment conducted by psychologists on behalf of Target
amounted to a pre-employment medical exam which is illegal under the ADA.
Title VII of the Civil Rights Act of 1964 makes various types of workplace
discrimination illegal. This includes allowing race, color, sex, national
origin or religion to factor into employment decisions such as hiring,
firing, or promoting. Similarly the Americans with Disabilities Act (ADA)
and the Americans with Disabilities Act Amendment (ADAAA) prohibit discrimination
based on a disability or perceived disability.
Sometimes discrimination isn’t overt, but rather is the result of
a policy or as in this situation – a test – that has a discriminatory
impact. Here – the tests were allegedly not sufficiently work related
and resulted in an adverse impact on individuals in protected employment classes.
The money recovered in the settlement will go to more than 3000 job candidates
who were rejected for upper levels as the result of the discriminatory
For more information or if you believe that you may have suffered any form
of employment discrimination – whether you have been fired, not
hired or not promoted – please contact the experienced
Atlanta discrimination lawyers at Buckley Beal, LLC for an immediate consultation.