Buffalo Staffing Firm Settles Employment Discrimination Lawsuit

Staffing Solutions of WNY Inc., a Buffalo-based staffing company serving western New York, will pay $550,000 to settle an employment discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC), the federal agency announced.

According to EEOC’s lawsuit, Staffing Solutions either “refused to hire highly qualified Black applicants or placed them in the lowest paying, least desirable jobs.” The firm also is alleged to have complied with employer clients’ race and sex preferences; placed employees in positions based on race and sex; and rejected pregnant applicants.

Also, the EEOC complaint alleges that Staffing Solutions “routinely rejected” applicants over the age of 50 and asked job applicants about injuries and medical conditions and then rejected them if the company deemed them disabled.

Finally, the EEOC charged that an office manager for Staffing Solutions complained about the illegal hiring practices but was warned that she would be fired if she failed to comply. The office manager felt she had no choice but to resign, the EEOC said.

Staffing Solutions’ alleged hiring practices violate Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, which prohibit dis­crimination on the basis of age, disability, race or sex, as well as retaliation.

The EEOC filed suit in U.S. District Court for the Western District of New York after first attempting to reach a pre-litigation settlement through its conciliation process.

Staffing Solutions denied the allegations in its answer to the EEOC’s complaint. Staffing Solutions has agreed to the three-year consent decree without admitting liability.

“The law is clear that complying with a client’s discriminatory request is illegal,” said Jeffrey Burstein, regional attorney for EEOC’s New York District Office. “Staffing companies cannot prioritize clients’ discriminatory preferences over following the law.”

The three-year consent decree settling the suit provides $475,000 to be distributed to applicants and employees who were subjected to Staffing Solutions’ discriminatory practices. The decree also provides for $75,000 to retain an independent monitor to regularly review the firm’s hiring and placement decisions, provide its owner and internal staff with extensive anti-discrimination training, and investigate complaints of discrimination.

Additionally, the decree requires Staffing Solutions’ owner to send a letter to all clients com­mitting the company to following federal laws prohibiting discrimination; includes various injunctions against discrimination in the future; and requires the company to adopt a robust anti-discrimination policy and distribute it to all applicants and employees. The EEOC said it will monitor Staffing Solutions’ compliance with these obligations for the next three years.

Topics Lawsuits