Company Rep Publily States Preference for Hiring Certain Race/ Gender
My question involves labor and employment law for the state of:
Hi,
A person who works for a large company in the US has publicly stated that they would prefer to hire people of a certain race and gender.
I am assuming this is not legal.
If this is true, are there govt and state agencies where I can report this? Note I was not harmed myself by this action and I am not seeking anything for myself, I just am only seeking for the rules to be enforced.
Thanks
Re: Company Rep Publily States Preference for Hiring Certain Race/ Gender
I don't think it's illegal for people to state they'd prefer to hire only from certain racial and gender pools. It only becomes illegal if they act on their statements.
Re: Company Rep Publily States Preference for Hiring Certain Race/ Gender
Unless somebody is doing wrong to you, it's best to just mind your own business at work.
Re: Company Rep Publily States Preference for Hiring Certain Race/ Gender
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eerelations
I don't think it's illegal for people to state they'd prefer to hire only from certain racial and gender pools. It only becomes illegal if they act on their statements.
That isn’t true across the board
Often times, especially given government contracts, there is preferential treatment given to minority owned businesses.
To extend that a bit further, businesses that work under government contracts are often required to hire minority owned businesses as their suppliers or subcontractors.
Then, when it comes to Native American tribal lands, they get to do whatever they want. They do hire Native American contractors over non Native American contractors and are allowed to do so legally.
I think a lot more would have to be known of the specific situation to determine if the stated preferences would be unlawful if put into action.
As to the ops question. Unless you have standing to seek redress for an unlawful action, you would need to leave it to those that do have standing. Also, As jack stated, making such a statement isn’t unlawful. Actions would be required.
Re: Company Rep Publily States Preference for Hiring Certain Race/ Gender
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lurky
A person who works for a large company in the US has publicly stated that they would prefer to hire people of a certain race and gender.
I am assuming this is not legal.
You assume wrong. It is perfectly legal for any person to speak his/her mind. Acting on such a preference, however, would be illegal.
Re: Company Rep Publily States Preference for Hiring Certain Race/ Gender
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eerelations
I don't think it's illegal for people to state they'd prefer to hire only from certain racial and gender pools. It only becomes illegal if they act on their statements.
I disagree. It's illegal to state a preference if they're actually hiring whether they act on it or not. The statement is an ILLEGAL attempt to persuade a protected class not to hire.
Now if she says, I don't like hiring black men when she's not in the process, that's just her opinion.
Re: Company Rep Publily States Preference for Hiring Certain Race/ Gender
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flyingron
I disagree. It's illegal to state a preference if they're actually hiring whether they act on it or not. The statement is an ILLEGAL attempt to persuade a protected class not to hire.
Now if she says, I don't like hiring black men when she's not in the process, that's just her opinion.
It really depends on where, when and to whom such a statement is made. Unless it was made very publicly or to a person that might act on the statement in some way it is just an opinion.
I've known plenty of people who didn't like hiring a protective class but it didn't slow them down in the least in actually hiring that protected class.
Re: Company Rep Publily States Preference for Hiring Certain Race/ Gender
It also depends on the job.
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adjusterjack
Unless somebody is doing wrong to you, it's best to just mind your own business at work.
First they came for the socialists, and I did not speak out—because I was not a socialist.
Then they came for the trade unionists, and I did not speak out— because I was not a trade unionist.
Then they came for the Jews, and I did not speak out—because I was not a Jew.
Then they came for me—and there was no one left to speak for me.
Re: Company Rep Publily States Preference for Hiring Certain Race/ Gender
DON'T start that back up again.
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.
Re: Company Rep Publily States Preference for Hiring Certain Race/ Gender
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lurky
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.
Re: Company Rep Publily States Preference for Hiring Certain Race/ Gender
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lurky
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.
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.
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.