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Company wanted diversity — now they’re out 100K

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October 9, 2008
1 minute read
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Employers and managers often wish to build up a diverse workforce, and that’s a good thing. But a recent court ruling sends a powerful message: Discrimination is illegal no matter what form it takes.
One woman, who is white, sued the company after she applied for a job and was turned down. She had plenty of relevant experience and met all of the job’s requirements.
When she went to interview, she claimed she heard the hiring manager say to someone else, “We need more African-Americans.”
In the end, an African-American woman was hired — even though she was less qualified, according to the unsuccessful applicant. Moreover, the woman who was hired did not answer all the questions on the application and was not put through the same interview process.
In court, the judge sided with the woman. The hiring manager’s comment about needing more diversity, combined with the woman’s greater qualifications, were enough evidence that she was turned down because of her race.
The company had to pay a total of $99,500.
Diversity, the wrong way

The lesson of this case is clear: “Reverse discrimination” is still discrimination.
Companies with diversity goals should focus on attracting a diverse group of applicants, while still hiring the most qualified candidate.
And, of course, hiring managers must be careful about comments they make during the hiring process.
Cite: Vitullo v. Borough of Yeadon

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