The Use of Undercover Testers to Detect Employment Discrimination

Project Summary

Many civil rights agencies use undercover testers to detect discrimination in housing and public accommodations. The Iowa Civil Rights Commission retained our services to explore testing programs that are designed to uncover and eliminate employment discrimination. These programs typically involve trained individuals who pose as job applicants with carefully crafted, fictitious identities. They submit electronic or paper resumes, apply for jobs in person or by telephone, and participate in face-to-face job interviews- with no intention of accepting employment- for the sole purpose of determining whether the employer is unlawfully discriminating. The report provides a primer on tester programs and a comprehensive look at how litigators, agencies and companies have used testers for enforcement, education and research; it also addresses ethical and evidentiary concerns.