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Latest H.R. Articles for Employment and Career Business NewsSmall Business HR articles & Careers news updates with Human Resource articles on employment issues. Small Business employment issues, human resource articles, RSS newslink for careers and employment, Employment managers, Careers Development,
Q: My company was recently hiring for a new position.
During the hiring process, I discovered that the supervisor in charge of interviewing for the position indicated to others at the company that he was going to give preference to women because his department already had a lot of men.
Is this appropriate and/or legal? If not, what are the potential consequences?
A: Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), prohibits discrimination in employment based on certain protected classifications, including race, color, sex, pregnancy, religion, national origin, age (40 or over) and disability.
Many states have individual laws that prohibit discrimination in employment as well. Therefore, under Title VII and certain states' laws, employers are prohibited from discriminating on the basis of sex with respect to hiring.
It is noted that while claims pertaining to hiring discrimination typically involve women, men are entitled to Title VII protection as well. This is referred to as "reverse discrimination." When an employer hires women over men, regardless of qualifications, this could be deemed discriminatory.
There are situations, however, in which employers may purposefully seek out qualified candidates of a certain gender or ethnicity to meet a quota or diversify a department as part of an affirmative action program.
Affirmative action is required by federal government contractors. In meeting affirmative action obligations, certain government contractors may discover that there is a substantial disparity in the hiring of a particular minority group, or men or women of a particular minority group.
In this case, the contractor may be required by federal law to meet certain goals for that minority group with respect to particular job classifications and organizational units. In these circumstances, hiring on the basis of sex may be warranted. Aside from hiring pursuant to a required affirmative action plan, though, hiring decisions on the basis of sex or sex stereotypes are forbidden.
If an individual believes he has been discriminated against with respect to a hiring decision, he must file a complaint with the Equal Employment Opportunity Commission (EEOC)--which is the agency responsible for enforcing Title VII--before he can file a lawsuit alleging that an employer violated Title VII. article continued ... “Avoid Discrimination in Hiring Practices”
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Use this mini toolkit to help you navigate the different phases of the career planning process. 
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