[Copernicus]

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Your scenario was about choosing between two identically qualified candidates, right? AA laws basically force the company to hire the black one, and you are saying this is unfortunate because race is being forced upon the employer as a factor when it shouldn't be.


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AA laws don't force you to hire the black guy when all things are equal. That is a common misconception, and it may be different in some states due to local laws, but as far as I know, AA simply attempts to prevent you from discrimination due to race, creed, gender, etc.

If you hire the most qualified candidate, or close to equal candidate, you aren't going to get in any trouble under AA, no matter the colors involved.

However....if you pass over a black guy with a doctorate in medicine and 10 years residency for a white ambulance driver for the hospital administrator position....then you're probably going to be explaining it to a judge.

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What would AA say about an employer hiring for 10 positions, has 30 equal candidates 10 of whom are black, but hires all non-blacks (say theres an Asian and an Indian and Middle Eastern hired in there)?

Is that prima facie evidence of discrimination? Im asking because in 35 years of business I have seen only one hiring decision made based on race/ethnicity and that was to hire an equally qualified black woman in a small company that encouraged diversity to begin with.