Legal: When Is Recruiting Discriminatory?

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I recently got asked this question: “Will having only women and people of color on a slate of candidates violate Title VII?” My quick answer: “Nope.”

Try flipping the question. “Will having only white men on a slate of candidates violate Title VII?” Obviously, the answer here is “no.” If this were against the law, so, so many employers would be in legal trouble because millions (maybe even billions) of slates have been only white men since the enactment of Title VII of the Civil Rights Act of 1964 (56 years ago).

The original question was asked because of the fear of a not-a-real-thing called “reverse  discrimination.”

First, reverse discrimination doesn’t exist. If an employer makes a decision because of race (regardless of the actual race), the employer engages in race discrimination. White guys have properly brought race discrimination claims under Title VII. 

Second, Title VII comes into play at the moment of selection. When an employer selects a candidate because of their race, they break. . .

Source: ERE

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