District Court Ruling Reinforces Justification for Employers to Collect Demographic Data
Recently, there have been many questions regarding the collection of demographic data from employees and applicants by employers. Executive Order 14173 and other executive and agency actions by the Trump administration have caused organizations to rethink whether information on race/ethnicity and sex should be collected and, if so, under what circumstances. However, record keeping requirements stemming from Title VII of the Civil Rights Act (Title VII) and the Uniform Guidelines on Employee Selection Procedures (UGESP) to collect demographic information from employees and applicants alike clearly remain, which are further strengthened by precedence in the courts. One such court case is Equal Employment Opportunity Commission (EEOC) v. Crothall Services Group, Inc (Crothall) . In this case, EEOC alleged that Crothall violated § 709(c) of Title VII and an EEOC recordkeeping guideline, 29 C.F.R. § 1607.4(A) by failing to maintain record...