Note to employers: arguing that the staffing agency that places employees at your facility is to blame for your discriminatory conduct is not going to shield you from liability. Illini Precast found this out the hard way. Illini Precast, a manufacturer of prefabricated concrete construction panels, found itself on the wrong end of a lawsuit alleging it refused to hire any female temporary employees at its Marseilles, Illinois facility. According to the lawsuit, Illini Precast refused to hire a fully qualified female applicant after she applied for the position of general laborer. In response to the lawsuit, Illini Precast argued that it was not responsible for the placement of workers at its facility because it had contracted with a staffing agency for that very purpose.
But, as the employment discrimination attorneys at The Spitz Law Firm will tell you, the gender discrimination law makes clear that companies are responsible for the discriminatory hiring practices of the staffing agencies on which they rely. Consequently, it is not a valid defense to a complaint of discrimination to contend that your staffing agency, rather than you, is responsible for your discriminatory hiring practices.
The case ultimately settled. Under the terms of the settlement, Illini Precast agreed to pay $27,682 to the applicant, who never worked a day at Illini Precast. The settlement agreement further required that Illini Precast enter into a relationship with a local high school or vocational training program in order to encourage women to apply for work through staffing agencies used by Illini Precast. Moreover, Illini Precast will also have to notify its staffing agencies that it is an equal opportunity employer and ensure that any advertisements also notify applicants that it is an equal opportunity employer.
If you feel that you are being discriminated based on your gender or sex, then call the right attorney. It is never appropriate to discriminate against female employees
Discrimination against women includes being harassed, fired, wrongfully terminated, discriminated against, demoted, wrongfully disciplined, and denied wages. When you call the right attorney to schedule a free and confidential consultation at 866-797-6040, you will meet with an attorney from The Spitz Law Firm to discuss wrongful discrimination claims and help you determine the best way to pursue your gender/sex discrimination claims.
The materials available at this employment law website are for informational purposes only and not for the purpose of providing legal advice. Your best option is to contact an Ohio attorney to obtain advice with respect to gender discrimination questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of The Spitz Law Firm or any individual attorney.