Is it really allowed to refuse to hire an applicant purely based on their presumed race?

Question

Ok so basically put, there was a discussion on a message board about the OJ  Simpson case and a poster was discussing how he changed after the verdict.

"Starting that month and ever since, I review all resumes that come in to my company for all jobs, and if the resume appears to be from a black, I toss it in the garbage. Interestingly, I've mentioned this to several other business owners over the years and found that they too did the same thing, some because of OJ and others for other reasons."

So is that....well is that allowed? To refuse to hire someone purely based on their presumed race, not because of a lack of qualifications or anything like that? Would that not fall under employment discrimination laws or am I missing something?

They Pelted Us With Rocks And Garbage · Answer

No
It is also an outright lie.

This nitwit isn't a business owner, because if he were, he'd be aware that he has to keep all applications on file for three years and he would do this routinely.

You know what is one of the easiest ways for a lawyer to make money?   Get a partner and apply for jobs in workplaces.   Then file suit, demanding to see the records, with no intention of ever following up on the suit.   Every single guy who just tossed out his applications would lose the suit and have to immediately settle, because he is incapable of proving he didn't discriminate when he didn't hire that guy.

If a business owner wants to not hire black people, it is simple enough to not hire black people. The expense of wading through all the records means no lawyer is going to bother with such a suit, unless it is a large company with deep pockets.

So your pretend business owner is just an outright liar, like most conservatives online.

The tip off is his claimed outrage over OJ Simpson.  Only conservative talk show hosts see this trial as significant.

OJ went free because he was rich.
Rich OJ went free.
Poor OJ went to jail.

Anonymous · Answer

No.  In America it's illegal to refuse to hire someone because of their race.  There are some exceptions for things like actors, where you may have to take the race of a character into account when casting, but other than that it's illegal.

Amy Flower 💋 · Answer

That is against the law, don't know why anyone would post that on-line, probably just a troll but if they aren't they can get into some serious legal troubles.

Slickterp · Answer

No, it is not allowed.  That is illegal discrimination.  That said, it would be almost impossible to prove.

WRG · Answer

That would be illegal based on EEOC regulations.

Anonymous · Answer

bum

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Is it really allowed to refuse to hire an applicant purely based on their presumed race?

6 Answers