An employer uses an employment agency to fill its temporary vacancies. A manager tells the agency rep that he does not want people of a certain...age, race, religion, sex, etc. We know that an applicant that is denied an employment opportunity because of that bias could file a charge of discrimination against the employer. But could the agency sue the employer?
On January 15th, the 5th U.S. Circuit Court of Appeals said, "Yes!"
Sneak Peek/Q2: Could the agency be jointly liable for discrimination?
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Are You My Employer? Joint Employers & Non-Traditional Workers