Despite Zero Complaints, the EEOC Sues Family-Run Meathead Movers for Discrimination Claiming Potential “Discouragement Bias” Against Hypothetical Middle-Aged Person.

Employers:

Discouragement bias may now be inferred by your advertisements.

In September of 2023, the U.S. Equal Employment Opportunity Commission (EEOC) filed its own lawsuit against a family-run California moving company called Meathead Movers for discouraging older people from applying to work at their company. Yes, Meathead Movers is being sued by a federal agency for “potentially discouraging”- not for actually discriminating against older people. Also, Meathead Movers is not being sued by the EEOC because of complaints by any individual. No one has come forward to file a complaint claiming that Meathead Movers discriminated against them based on their age. Instead, the EEOC has decided on its own to sue the family-run California company.

You may be wondering (if you know anyone in their middle age or older or if you are middle age or older) why a moving company would be legally obligated to not potentially discourage older people to apply to work there. Taken in the inverse...why is a moving company legally obligated to encourage the middle age or older to apply to work there? Those in their middle age or older do not actively and enthusiastically look to work jobs that require backbreaking work or stamina. Or do they? Regardless of whether or not they do, equal employment means equal opportunity, right? We are now living in an age where we, as a society, seek blanket “equal opportunity” for “every opportunity” simply for the sake that “equal means the same.” Now, to be clear, there are surely many fit and healthy middle age or older people who could do this work, would do this work, and (perhaps) happily and currently do this work without breaking a sweat. However, I think we can all agree that it is not the majority.

If the majority of middle age people would not actively seek this type of work, the next question we must answer is: who actively seeks work that requires great strength and stamina, requires little experience, and can be persuaded by flexible schedules? If a company requires backbreaking work that requires great strength and stamina, what market group would they need to capture? Well, Meathead Movers put out advertisement looking to hire people who can move furniture and boxes of your belongings from one destination to another in an expedient manner. As a result, the EEOC now complains that the advertisement leads the EEOC and all middle-aged individuals to one conclusion: over 40’s need not apply. Imagine that. In its lawsuit, the EEOC asserts that Meathead Movers is engaging in age discrimination for discouraging over 40’s from applying and (allegedly) refusing to hire people over 40- despite the fact that no current, former, or potential employees have filed a complaint.

Now to be frank, Meathead Movers have not actually verbalized a preference for employees in a certain age group. Ironically, they do employ people over the age of 40. Rather, in their advertisements, Meathead Movers states that it seeks to hire movers who are athletic and capable. The name of the company gives away its origin: it was founded by two athletic brothers who created the company as a way to make money and support themselves while they were in school. Clearly, those two brothers grew up and are no longer students. In fact, one of the brothers is now the CEO and is, in fact, over forty years old. However, the spirit of Meathead Movers remains the same: if you hire Meathead Movers, you will receive quality moving services by upbeat athletic people who are capable of moving your belongings in a fast and friendly manner. This is what everyone wants.

In the past, there was no such concept as “discouragement bias.” You were either discriminated against or not. The fact that the EEOC had to file the lawsuit itself – and not a bereaved potential, former, or current employee- speaks volumes. Employers are now facing the additional burden of this obvious word game: careful how you advertise for employees because bias or discrimination may now be inferred even when no one comes forward claiming discrimination- possible discouragement of a hypothetical person may be enough. It will be interesting to see how this lawsuit plays out.