On August 24, 2015, the U.S. Equal Employment Opportunity Commission (EEOC) announced that Target Corporation has agreed to pay $2.8 million to resolve a charge of hiring discrimination. The EEOC found that three assessments formerly used by the company screened out applicants based on race and gender, and one violated the Americans with Disabilities Act (ADA). Thousands of people were adversely affected by Target’s discriminatory practices, and the money is to be distributed among them.

The Assessment Tests

According to the EEOC, three of the tests used to assess applicants for exempt-level professional positions disproportionately screened out applicants based on race and gender. Because the assessment tests were neither sufficiently job-related nor necessary to the business, they violated Title VII of the Civil Rights Act of 1964.

Target also used an assessment performed by psychologists. The EEOC found that this qualified as a pre-employment medical examination, and therefore violated the ADA. The ADA prohibits employers from subjecting applicants to medical examinations before making a job offer.

Target no longer uses the assessment tests in question and has agreed not to use them in the future. Target has agreed to take several measures to prevent such problems with its hiring process in the future and to report to the EEOC on the subject annually.

If you believe that you were subjected to discriminatory hiring practices, please call the New Jersey employment discrimination attorneys of Lenzo & Reis, LLC, at 973-845-9922 or email us today for a free case evaluation.