EEOC Targets Vendor Hiring Assessments That May Trigger Retaliation Concerns

May 14, 2026

What's New

The Equal Employment Opportunity Commission (EEOC) is signaling that employers may be held accountable for problematic pre-employment screening content used by outside vendors. In a recent subpoena enforcement action, the agency asked a federal court to compel a third-party vendor to produce information about pre-offer suitability assessments administered for a public employer.

The EEOC is examining assessment items that asked applicants about prior workplace harassment or discrimination complaints, EEOC charges, and participation in legal proceedings. The EEOC directed its subpoena to the employer’s vendor after the employer indicated it did not control or review such content.

What It Means

Employers may face EEOC scrutiny based on the content of pre-employment assessments designed and administered by third-party vendors. Outsourcing these assessments does not eliminate compliance risk.

Assessment items that reference prior complaints, EEOC activity, or legal proceedings are not automatically unlawful, but are likely to draw scrutiny in pre-employment screening because they could deter applicants from engaging in activity protected by federal employment laws. The agency’s action also suggests a willingness to look beyond the employer-vendor divide and examine who designed, controlled, or benefited from the screening criteria at issue.

What You Should Do

Employers should periodically review vendor administered pre employment assessments for questions related to protected activity or prior complaints, train HR and recruiting teams to escalate concerns through appropriate compliance or legal channels, and ensure contracts preserve the employer’s right to review and revise vendor screening tools as well as the individual results of such assessments.

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