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The Right to Hire on Qualifications

In: The Employer Bill of Rights

Author

Listed:
  • Jonathan T. Hyman

Abstract

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 the equal Employment opportunity Commission (EEOC) is making it increasingly difficult to make hiring decisions by taking away the types of legitimate information businesses can consider in the hiring process.

Suggested Citation

  • Jonathan T. Hyman, 2012. "The Right to Hire on Qualifications," Springer Books, in: The Employer Bill of Rights, chapter 0, pages 9-32, Springer.
    • Handle: RePEc:spr:sprchp:978-1-4302-4552-0_2
    DOI: 10.1007/978-1-4302-4552-0_2
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