Employment discrimination
Discrimination has been practiced throughout man’s history, throughout the history of nearly every country, past and present. Defined as the act of perceiving differences, all people are discriminating. Have our parents not told us to be discriminating in selecting friends, groups and spouses? Do not our religious leaders tell us to avoid evil and associate with good? Discrimination used in these senses is regarded as prudence, and one who would counsel such as wise.
Sense of prudence
When selecting an employee, employment discrimination is also necessary, but only in the sense of prudence. When hiring, we discriminate, that is, distinguish differences of the candidates, on the basis of education, experience, physical requirements for the job, or even on the credit history of the candidates, on the presence or absence of criminal records, and the references each candidate provides. We do this because these are relevant to the job available. Failing to discriminate on these basis would be folly. You are expected to discriminate on these grounds and no business could expect to do otherwise.
Factors unrelated to the job
The case for discriminating when hiring on the basis of job-related factors is unassailable. It makes sense. Not so with employment discrimination, when based on factors unrelated to the performance of the job, such as the candidate’s race, gender, sexual orientation, age, or religion. While there may be some instances in which gender or age discrimination is valid, such as the case in which a job has been opened for a model of adolescent, female fashions, few jobs would require the person to be hired be of a specific race, gender, or religion. For example, you would not hire a Jewish rabbi to officiate at a Catholic wedding, not because the person is Jewish, but because the rabbi does not have the qualifications to perform a Catholic mass. On the other hand, in a job that does not require specialized religious knowledge or experience, such as a secretary for the pastor of a Presbyterian congregation, refusing to hire the secretary because she is Jewish is employment discrimination. Being Jewish or Presbyterian has nothing to do with typing letters, taking dictation or answering the phone.
Employment discrimination is bad business
Not many jobs call for a specific race, yet there are some that do. A company selling tanning lotion might require a light-skinned representative to model the effects, thereby excluding dark-skinned people such as blacks. None would think to accuse this company of employment discrimination. Light skin is part of the job requirements. It is when we exclude or refuse a person qualified in all areas for the job, but not of a race we prefer, that racial discrimination has occurred. Preference is the key to discrimination, preference for a particular race, gender, or age. Our preferences do not factor into a job’s requirements. When we make a decision to hire someone who is as qualified as another, and we do it because we do or do not prefer the race of the other, we have discriminated.
Decision solely on requirements
Employment discrimination is easily avoided if the person who is doing the hiring makes their decision to hire solely on the requirements of the job and the candidate’s qualifications for the job tasks. Hiring on the basis of preferences can result in hiring the less qualified. Not only will you avoid suits for employment discrimination, but by sticking to the requirements and the candidates qualifications, you are assured that you have selected the best possible candidate and, most important, increase the likelihood of achieving your business goals. Non-discriminatory practices in hiring are good business!
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