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IT staffing firm settles EEOC lawsuit sparked by question over when applicant completed education

April 13, 2022

A Long Island, New York-headquartered IT staffing firm settled a lawsuit with the US Equal Employment Opportunity Commission that was sparked by a recruiter’s question on what year a job applicant completed his education.

The staffing firm, Software People Inc., refused to hire an applicant after he declined to answer a recruiter’s request that he provide the date he completed his education, the EEOC reported.

At the time, the applicant objected and noted his belief that questions designed to determine an applicant’s age are illegal under federal law, according to the EEOC. The recruiter did not respond to the objection, but the applicant was ultimately not referred for the position despite an earlier assurance that he would be referred, the agency reported.

The EEOC ultimately filed a lawsuit claiming retaliation.

As part of the settlement, Software people agreed to:

  • Create an anti-discrimination policy and provide employees and applicants with mechanisms to complain about discrimination.
  • Provide mandatory training for Software People employees and recruiters about federal anti-discrimination law.
  • Report any internal complaints of discrimination or retaliation to the EEOC for the next two years.
  • Make a $15,000 charitable contribution to enhance job opportunities for people in the protected age group.

“The [Age Discrimination in Employment Act] not only protects job applicants from discrimination based on age, but it also prohibits recruiters from retaliating against individuals who object to discriminatory questions during the hiring process,” said Regional Attorney Jeffrey Burstein.