By the Employment Attorneys at Garg & Associates, PC, serving The Woodlands, Spring, Houston, Conroe, Humble, Kingwood, Tomball, Cypress, Huntsville, Westchase, Southwest, Sugar Land, West Oaks, Alief, Memorial, River Oaks, Stafford, Katy, and Missouri City.

Can a claim be brought against an employer for recruiting practices?

Yes! An employer’s recruiting practices are covered by federal law. The basic threshold issue in determining if discrimination has occurred is whether the practice creates a significant disparate impact on a protected class of individuals. For example, word-of-mouth recruitment for job opportunities is not per se illegal just as nepotism is not per se illegal. However, when these practices create a disparate impact on a protected class, the action is illegal. Another potential form of discrimination can occur when walk-in applications are excluded from the potential hiring pool. Employers are not required to use walk-in applications as long as the accepted method of application used is not considered a pretext for discriminatory practices.

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