Strategic Systems will pay $15,000 to settle a sex discrimination charge brought by the EEOC. Strategic Systems is a technology services provider based in Dublin, Ohio.

According to the EEOC, the employer denied women employment opportunities based on their sex, violating Title VII of the Civil Rights Act of 1964.

Strategic Systems agreed to implement enhanced training, robust applicant data record-keeping, and revise anti-discrimination policies. The conciliation agreement will remain in effect for four years. https://www.eeoc.gov/newsroom/strategic-systems-pay-15000-eeoc-sex-discrimination-charge (Sept. 30, 2024).

Commentary

This above matter was settled for $15,000, an amount much lower than most published EEOC settlements.

No reason was provided for the lower amount, but most likely the lower amount was because the employer agreed to conciliation and settled during the conciliatory process. The EEOC offers the process and encourages employers to settle to avoid the costs and resources necessary for a trial. 

Another possible reason for the amount is that the employer was accused of discriminatory hiring based on sex. Discriminatory hiring cases are more difficult to prove because the applicant or applicants must show, not only that they were qualified, but they were more qualified than the person  actually hired.

Hiring data can be persuasive in these cases, but not determinative of liability and is often offset by other statistical factors. For example, in this matter, women applied less often for open positions than men, or more men with experience applied than women with experience.

The takeaway is that employers, especially smaller employers, can limit their exposure to large losses by utilizing conciliation.

Here are best practices for avoiding sex discrimination in hiring:

• Do not use words or phrases that signal a preference for workers of a certain sex, sexual orientation, gender identity, or gender expression, such as specific pronouns, including "-man" in job titles, or any gender coded terms
• Do not state that an applicant "wouldn't fit in" or may "offend customers/coworkers/etc." due to their sex, sexual orientation, gender identity, or gender expression
• Avoid expressing a preference for applicants of a certain sex, sexual orientation, gender identity, or gender expression in written job applications, including using terms like "Jack of all trades", "traditional family values", or "man the desk/booth/equipment/etc."
• Do not discuss whether an applicant would be "too expensive" during interviews due to factors related to their sex, sexual orientation, gender identity, or gender expression including possible accommodations
• Do not express a preference for applicants who are "manly", "normal", or follow "traditional values"
• Never describe positions in terms that refer to sex-related stereotypes. For example, listing preferences for applicants who are "macho", "supportive", or who can be "one of the [guys/ladies]"
• Ensure that applicants of different sexes, sexual orientations, gender identities, or gender expressions are given the same consideration as  other candidates
• When discussing applicants, do not use words, phrase, or related stereotypes referring to the applicant's sex, sexual orientation, gender identity, or gender expression
• Do not include questions about sex, sexual orientation, gender identity, or gender expression in interview questionnaires or applications
• Provide sex discrimination training for all employees involved in the hiring process