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Diversity in the workplace: Make sure your efforts are lawful

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in Centerpiece,Discrimination and Harassment,Employment Law,Hiring,Human Resources

Title VII forbids basing employment decisions on an individual’s race, color, religion, sex or national origin. But the U.S. Supreme Court has twice upheld an employer’s right to voluntarily adopt race- and gender-conscious employment policies that the employer thinks will remedy inherent imbalances of diversity in the workplace.

While the Supreme Court has never overturned an employer’s voluntary affirmative action policy, lower courts have struck down such policies. This is typically when they have strayed beyond Title VII and trammeled upon the rights of male and nonminority employees.

Beyond voluntary efforts

Courts have struck down affirmative action plans aimed simply at promoting workplace diversity because Title VII doesn’t say diversity trumps discrimination based on a protected characteristic like race.

Selecting a candidate simply because he belongs to a race you would like better represented in yo...(register to read more)

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