EEOC Greenlights Lawsuit Filed by Straight White Woman Alleging Discrimination

A straight white female plaintiff has filed an employment discrimination lawsuit against King & Spalding LLP alleging discrimination after getting the approval of the U.S. Equal Employment Opportunity Commission (EEOC) claiming that she incurred “significant damages” when she was dissuaded from applying to a summer associate program open only to “diverse” applicants.

According to the 9-page complaint, the plaintiff said she missed out on a plum summer associate program that paid $4,135 per week at King & Spalding solely because she was white and heterosexual.

The case is significant because the EEOC found reasonable cause that King & Spalding violated the law. This only occurs in about 2% of complaints.

While rare, the law doesn’t discriminate against white, heterosexual, or other default characteristics when it comes to discrimination. In other words, a white applicant can file a discrimination lawsuit against an employer if their whiteness is the basis for denying them a job. In this case, however, the applicant never applied for the job. She simply said she was “dissuaded” from applying for the job because the post specifically mentioned “diverse” applicants.

What does this mean for other lawsuits?

This recent lawsuit, greenlit by the EEOC, could make it harder for employers to place diversity-facing language in their employment postings. In this case, it seems clear that the company was looking to hire someone from the LGBTQ+ community. However, the language of the employment posting violated anti-discrimination language according to the EEOC.

Further, the plaintiff never applied for the position. So, she was never technically rejected. Instead, she was “dissuaded” from taking the position based on language that the EEOC considers discriminatory. This could signal a difficult time for employers looking to add marginalized communities to their rosters.

Is inclusive hiring under attack? 

It might be. The EEOC says this lawsuit has merit and that the plaintiff has a cause of action against her prospective employer because she was “dissuaded” from filing an application on the basis of equity hiring. This could prevent more companies from making postings like this, if she should win her lawsuit. It may make it more difficult for employers to include equity-facing language in their job listings even without a successful result. Either way, this is one case worth following because it could have a major impact on how employers go about advertising their listings.

Talk to a Tampa, FL Employment Discrimination Attorney Today 

The Civil Rights Act of 1964 makes it unlawful to use race, ethnicity, country of origin, sex, gender, sexual orientation, age, disability, or pregnancy status as the basis for hiring, firing, promoting, or otherwise making employment decisions. This includes individuals who are white, heterosexual, and male. While rare, the EEOC looks set to pursue lawsuits that target members of non-marginalized communities. If you have been passed up for a job, call the Tampa, FL employment lawyers at Florin Gray Bouzas Owens, LLC today to schedule an appointment and learn more about how we can help.

Source:

abovethelaw.com/2024/05/eeoc-changes-its-tune-and-allows-king-spalding-discrimination-lawsuit/