NCJ Number
123914
Journal
Labor Law Journal Volume: 41 Issue: 5 Dated: (May 1990) Pages: 301-306
Date Published
1990
Length
6 pages
Annotation
There are circumstances in which businesses may find it necessary to interview disproportionately more minority persons than majority persons to fulfill the goal of hiring qualified minorities in the same percentage as in the relevant labor market; the courts are likely to view this unfavorably.
Abstract
Job requirements may be such that the interviewing of a disproportionate number of minority candidates is necessary to find the number of qualified minority persons to meet affirmative action goals. Although the courts have not specifically ruled on this practice, the current trend in court rulings suggests that a complaint by majority applicants in such circumstances would be upheld by the courts. This could mean, however, that an employer is impeded from finding a sufficient number of qualified minority persons to meet affirmative action hiring goals. Either way, the business is found to violate fair employment practices. The courts must consider this circumstance and set policy that will give employers a way through this difficulty without violating the intent of fair-hiring laws.