If a client refuses to allow the staffing company to refer a temp based on the temp's race, can the client still be liable?

The client can be held liable in this scenario because denying a temporary worker's referral based on their race constitutes a discriminatory practice that violates various equal employment opportunity laws. Title VII of the Civil Rights Act, among others, prohibits discrimination in employment based on race, color, religion, sex, or national origin.

When a client makes a decision based on race, they not only affect the individual temp but also expose themselves to potential legal action for discrimination. Liability can arise even if the staffing company is aware of the discriminatory request. The staffing agency has an obligation to ensure that its practices align with anti-discrimination laws, and the client’s refusal to allow a referral based on race may ultimately lead to legal ramifications if challenged.

Other options fail to recognize the direct implications of unlawful discrimination practices and the breadth of client liability under employment law. The understanding is that any request or action taken that suggests discrimination can result in accountability for the client.