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Company Rep Publily States Preference for Hiring Certain Race/ Gender

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  • 07-12-2019, 06:28 PM
    lurky
    Re: Company Rep Publily States Preference for Hiring Certain Race/ Gender
    i'm the OP.
    the company in question is a private company.
    the person who made the statement works for that company and made the statement on social media and made it in reference to the company's open positions they are looking to fill.
    I do not work for the company and I would not apply for a job there and I am not in the same state, I but i am a member of the class they are discriminating against and If what they are doing is illegal i would report it to an agency that is responsible for enforcing that law.
  • 07-12-2019, 07:11 PM
    jk
    Re: Company Rep Publily States Preference for Hiring Certain Race/ Gender
    Quote:

    Quoting lurky
    View Post
    i'm the OP.
    the company in question is a private company.
    the person who made the statement works for that company and made the statement on social media and made it in reference to the company's open positions they are looking to fill.
    I do not work for the company and I would not apply for a job there and I am not in the same state, I but i am a member of the class they are discriminating against and If what they are doing is illegal i would report it to an agency that is responsible for enforcing that law.

    i addressed a scenario where not only would it be legal but actually mandatory for a private company to do what would otherwise be unlawful discrimination.

    do you know if my scenario applies?


    I disagree with rons statement that the speech would be unlawful discrimination. While I understand his point I don’t believe the statement you provided conveys the point that classes would necessarily be discriminated against. Stating a preference and nothing more does not suggest others won’t be hired. Because of that I don’t see it as chilling the applications of those not belonging to the classes mentioned. It would or should cause one to be aware of discriminatory hiring practices if one applies there but I don’t believe what has been stated is actionable.


    Since you have no actual involvement nobody is going to act on your report to them but you’re free to send a letter to the eeoc. Reporting a simple statement without additional context doesn’t mean much of anything and will likely be promptly disregarded.
  • 07-12-2019, 07:53 PM
    llworking
    Re: Company Rep Publily States Preference for Hiring Certain Race/ Gender
    Quote:

    Quoting lurky
    View Post
    i'm the OP.
    the company in question is a private company.
    the person who made the statement works for that company and made the statement on social media and made it in reference to the company's open positions they are looking to fill.
    I do not work for the company and I would not apply for a job there and I am not in the same state, I but i am a member of the class they are discriminating against and If what they are doing is illegal i would report it to an agency that is responsible for enforcing that law.

    Even when a class is involved sometimes there are specific skills that would be useful for a position that would allow for discrimination. For example, an employment ad might state "French speaker preferred". That would indicate that someone who spoke French would be more helpful in the position than someone who did not. That doesn't mean that they won't hire someone who does not speak French, it just means that if they have two equal candidates, and one of them speaks French, that its likely that the French speaker will get hired. That is not illegal discrimination.

    However, if the ad states that people under 40 are preferred, then that is massive illegal discrimination.
  • 08-01-2019, 06:45 PM
    flyingron
    Re: Company Rep Publily States Preference for Hiring Certain Race/ Gender
    A skill that enhances the job is not discrimination. "French speaker preferred" is legal. "White people preferred" is not.
  • 08-01-2019, 07:09 PM
    cbg
    Re: Company Rep Publily States Preference for Hiring Certain Race/ Gender
    What are the characteristics they are expressing a preference for and in what state? It makes a difference to whom you make the report, if you make it at all.
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