A lawsuit alleging discriminatory hiring practices by Orkin, Inc. (doing business as Orkin Pest Control,) was filed by the in federal court by the Equal Employment Opportunity Commission (EEOC).
The EEOC contends Orkin used discriminatory hiring practices in denying jobs to older workers and favoring Church of Jesus Christ of Latter-Day Saints (LDS) (Mormon) applicants, particularly returning missionaries. The suit involves an individual job applicant, as well as a class of individuals based on their age, over 40, or religion, non-Mormon.
In addition, the company is charged with retaliating against the applicant who complained to the company’s corporate headquarters about the alleged discrimination.
The EEOC’s complaint alleges Orkin advertised on Craigslist for a recruiter “to assist in hiring LDS missionaries for seasonal employment” and stating the summer position was great for “RMs,” which stands for “returned missionaries,” who tend to be in their 20s.
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Such advertising is illegal under EEOC regulations because it shows a preference for a particular religion, and a preference for younger workers. In addition, EEOC alleges the discrimination apparent from the advertisements became a reality when Orkin filled the summer jobs with applicants in their 20s, most of whom were LDS/Mormons.
The EEOC lawsuit arose out of a charge of discrimination filed by a worker, who responded to the Orkin ads on Craigslist. Allegedly, when the applicant was asked his age, 51, the interview was cut short by Orkin’s interviewing agent.
According to EEOC’s complaint, in a subsequent call, Orkin’s agent admitted asking all applicants their age. The applicant then called Orkin’s corporate office to complain about the company’s discriminatory hiring practices, and was referred to other managers, but was never hired or even allowed to submit an application, which, the EEOC alleges, was in retaliation for his complaints.
The EEOC says instead of hiring the applicant, one of Orkin’s agents, selected a group of applicants who were all in their 20s and predominantly LDS members.
Such alleged discrimination violates the Age Discrimination in Employment Act (ADEA), which prohibits age-based discrimination by employers against individuals age 40 or older, as well as Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating on the basis of religion.
“Employers must be vigilant in providing equal employment opportunities for all applicants regardless of age or religion,” said EEOC Phoenix Regional Attorney Mary Jo O’Neill. “They must not rely on age-based stereotypes about older workers or act based on favoritism toward applicants of a particular religious denomination. Employers cannot recruit and hire employees based upon religion unless the employer is a ‘religious organization’ as defined by Title VII, or is seeking employees for ministerial positions.”
EEOC Acting Phoenix District Director Rayford Irvin said, “The explicit discrimination evidenced by these job advertisements is illegal. We hope by filing this lawsuit we are sending a message that the EEOC will not allow employers to discriminate based on their personal preference for people of a particular age or religion.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: [email protected] or 860-553-6604.
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