The Right to Hire on Qualifications

Hiring Without Fear of Lawsuits

Employers want to be able to hire the best and most qualified to staff every position. Yet the myriad equal employment opportunity (EEO) laws often intervene to roadblock these efforts. Affirmative action—requiring an employer to hire a qualified minority candidate instead of a similarly qualified nonminority candidate—remains in play for public employers and those with certain equal employment opportunity obligations pursuant to federal contracts. Even without affirmative action obligations, though, employers have a difficult time hiring the best person for a position. And ...

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