Education Law
Education 520 Business Law
Hiring policy
To avoid an anti-discriminatory lawsuit regarding hiring practices, an employer should declare him or herself an 'equal opportunity employer.' To be compliant with the laws enforced by the EEOC, an employer must not discriminate based upon race, color, religion, national origin, or sex. The employer should also not discriminate on the basis of pregnancy, age, disability or genetic information (Laws enforced by the EEOC, 2012, EEOC).
If the institution wishes to pursue a strategy of affirmative action regarding the hiring and promoting of employees he or she should state it clearly in employment literature, usually in the form of the phrase that 'members of historically discriminated-against groups are encouraged to apply.' However, the employer must be careful not to use a quota system, or set a goal for how many members of such groups will be hired to positions, based upon their membership in historically-discriminated against categories alone.
Ultimately, the goal of a sensitive hiring policy should be the promotion of diversity, not tokenism, and it should be noted that the U.S. Supreme Court in recent years has taken a more narrow definition of what constitutes quota systems when evaluating the constitutionality...
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