EEOC Settles With Firm Accused Of Discriminating Against Americans

May 11, 2023

 

What's New

The U.S. Equal Employment Opportunity Commission (EEOC) has settled multiple charges of national origin discrimination with a job search website operator, the EEOC announced March 20. The charges alleged that DHI Group posted job advertisements that excluded or discouraged individuals of American national origin from applying.

As part of the settlement, DHI Group will rewrite its computer programs by using artificial intelligence (AI) to scrape for potentially discriminatory keywords such as “H-1B” or “visa” or “OPT” that appear near the words “only” or “must” in its customers’ new job postings. (“OPT” refers to Optional Practical Training, which is temporary employment directly related to the academic major of a foreign student with an F-1 visa.) DHI also has agreed to revise the guidance on its website to instruct its customers to avoid using language in job postings such as “H-1Bs Only” or “H-1Bs and OPT Preferred.”

What It Means

The EEOC settlement with DHI Group serves as a reminder to employers that Title VII’s national origin discrimination provisions protect individuals of American national origin as well as individuals of foreign national origin.

What You Should Do

Companies that use third-party recruiting resources should ensure that their vendors are not expressing preferences for foreign workers (or for Americans only) in job postings or any other part of the recruiting process.





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