In a decision that could impact any company using contracted employees, the EEOC spanked BMW $1.6 million for re-screening existing employees when the company changed contractors who were supplying logistics personnel. Existing employees were required to re-apply for their positions with the new contractor and re-screening was part of the process.
The EEOC saw a disproportionate impact on African American employees and failed to see a business necessity in the re-screening. BMW will now pay $1.6 million to redress the matter.
Screening has been a hot button for the EEOC and anyone that chooses to do so without serious consideration of the pitfalls is asking for trouble. For more details see this article.