“Job opportunity…applicants must be currently employed.”
Employment want ads with wording like this, posted online or in newspapers, have caught the attention of members of Congress, state legislators and the Equal Employment Opportunity Commission (EEOC). At a time when high unemployment numbers dominate national news and political dialogue, these ads have struck a nerve, potentially spurring more government scrutiny of hiring practices.
Litigation and Legislation
Whether the EEOC will file a case testing the disparate impact theory remains to be seen. Dennis Brown, a shareholder at Littler Mendelson, points out that the EEOC has limited resources.
The EEOC currently is focused on two other factors in job hiring that it contends may have a disparate impact on minorities.