Here’s one good reason to protect your reputation as an employer that doesn’t discriminate: It raises the lawsuit bar. Applicants actually have to try for a job before suing.
Recent case: Andrea Weathers, who is black, was denied tenure with the University of North Carolina at Chapel Hill after she failed to submit her tenure package on time. The university argued that she essentially hadn’t bothered applying for tenure.
She sued, claiming she could sue even though she never applied because she “knew” the university was going to discriminate against her.
The court rejected her lawsuit. It decided this wasn’t a case in which everybody who worked for the university “knew” it was futile for black people to apply for tenure. (Weathers v. University of North Carolina, No. 1:08-CV-847, MD NC, 2010)