Someone has been contacted by a recruiter about an open position.After they discussed about the position ( hourly rate, employment type, location, authorization to work, etc.. ),the recruiter ask said that he will sent the resume to the hiring manager.After a few minutes the recruiter sent an email saying that he should have a copy of green card before he submit the candidate.After verifying the agency the recruiter said working for,he sent the copy of green card.One day after he contacted the recruiter for follow up, the recruiter said the resume has been sent and the resume has been selected. A few days after recruiter said that the hiring manager did not reply to him anymore.Can the recruiter be sued for racial discrimination if he cannot prove that he's really submitted the resume
Employment / Labor Attorney
Unfortunately, third-party recruiters are not liable under federal or state anti-discrimination laws because those laws only apply to "employers" not recruiters. Moreover, it is the employer who ultimately makes the decision, not the recruiter.
I understand that you believe the recruiter failed to even submit your resume and has possibly misrepresented doing so. Assuming this could be proven, as harsh as it sounds, I do not believe that particular situation would be covered by the major antidiscrimination laws because they are not an "employer" as defined by the statute.
There may be some other creative ways to hold the recruiter liable and perhaps other Avvo lawyers may have a suggestion.
I don't see any liability on the part of the recruiter at all.
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