It’s not what you expect to see in a race discrimination case. But one company recently had to fork over $500,000 for failing to hire a white job applicant.
In a case of so-called “reverse discrimination,” a white man claimed he was passed over for an open job because of his race. A Hispanic employee was hired instead.
He claimed the firm had an unofficial quota system, giving a third of its jobs to whites, a third to blacks and a third to Hispanics. The employer said that’s just not true, but the jury apparently didn’t buy it. The man was awarded $500,000. The firm’s appealing.
It’s still discrimination
Cases like this re-emphasize the fact that considering race in any way when hiring, firing or promoting can get a company dragged into court. The EEOC has said that, though some courts might make it harder for white plaintiffs to make a case for discrimination, the Commission itself “applies the same standard of proof to all race discrimination claims, regardless of the victim’s race.”
The tough part is that a lot of companies get in trouble when they make hiring decisions in an attempt to increase diversity. When that’s the goal, the best – and most legal way – is to use recruiting methods that get the word out to underrepresented groups. When it’s time to hire, though, one group can’t be preferred over another.
