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EEO and discrimination
Ask HR AI helps you spot both intentional and unintentional discrimination in hiring, promotion, pay, and discipline, and prepare EEO-1 reports accurately.
What Ask HR AI covers
- Federal protected classes and stricter state protections
- Disparate treatment vs disparate impact
- EEO-1 reporting for employers with 100+ employees
- Reasonable factor other than age analysis
How to run a hiring or promotion decision through an EEO lens
- Step 1 — Confirm the decision criteria are job-related. Document business necessity for each selection factor.
- Step 2 — Apply criteria consistently. Compare treatment of similarly situated candidates in protected classes.
- Step 3 — Check for disparate impact. Run selection-rate statistics against the 4/5ths rule.
- Step 4 — Document the decision. Retain contemporaneous notes and score sheets.
- Step 5 — File EEO-1 on time. Meet the annual reporting deadline with accurate demographic data.
Frequently asked questions
What is disparate impact?
A facially neutral policy that disproportionately affects a protected class and cannot be justified as job-related and consistent with business necessity.
Who must file EEO-1?
Private employers with 100+ employees and certain federal contractors with 50+ employees.
Are LGBTQ workers protected under federal law?
Yes. Bostock v. Clayton County (2020) held that Title VII prohibits discrimination based on sexual orientation and gender identity.
Related Ask HR AI topics
- Independent contractor classification — The federal DOL economic-reality test, the IRS common-law test, and state ABC tests (CA AB 5, MA, NJ) for 1099 vs W-2 classification.
- FCRA adverse action — The two-step FCRA adverse action process: pre-adverse notice with a copy of the report and Summary of Rights, a reasonable waiting period, and the final adverse action notice.
- Employee handbook essentials — Handbook policies that reduce risk in every state — from at-will disclaimers to social media, remote work, and NLRA-compliant conduct rules.
- Termination and separation — Documenting the termination decision, final-pay timing by state, severance agreements, and OWBPA age-discrimination waivers for older workers.
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Keep going on SafestHires
- All HR resources — calculators, templates, and the full Ask HR AI hub.
- Compliance checklist — the end-to-end FCRA, ban-the-box, and adverse action workflow.
- Read the related SafestHires article →
Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.