Date: June 24, 2021
The Business Journals spoke with TELG principal Tom Harrington about common questions companies may have when trying to recruit a more diverse workforce.
Quoteworthy:
"Companies should make sure their goals are just that — goals — and not quotas."
Tom Harrington (Ret.)
[EXCERPT]
What companies can and can’t do when trying to increase diversity
As companies seek to diversity their workforces, there are a number of strategies taking hold. Some businesses are retaining recruitment firms that specialize in hiring business leaders of color. Some are writing in job postings that “women and people of color are strongly encouraged to apply.”
The Business Journals recently spoke with Barbara L. Johnson, founder of BLJohnson Law PLLC and counsel with Potter & Murdock LLC, and Tom Harrington, a principal at The Employment Law Group PC, to get answers to common questions companies may have when trying to attract a more diverse workforce.
Can a company use race as a factor for choosing which workers to hire?
Only under specific circumstances. A private employer can use race as a factor in hiring decisions if two or more candidates are deemed equally or very comparably qualified and it has completed affirmative-action research that finds it has a history of inequitable hiring. In that case, a candidate’s race can be a determining factor, Harrington said.
Can a company set a target for hiring specific demographics?
Experts say the short answer is yes, but Harrington said companies should make sure their goals are just that — goals — and not quotas, which are illegal.
What’s the difference between a goal and a quota? A quota would mean a company guarantees it will hire a certain number of workers from a particular demographic group, regardless of the qualifications of the potential employees it interviews.
A goal, on the other hand, is a company saying it aims to hire a certain number of workers from a specific group, assuming that interviewees for the roles are qualified for the position.
It’s not uncommon to see a job posting include something along the lines of “women and people of color strongly encouraged to apply.” Is that legal?
Harrington said it is legal — as long as the company also affirms a commitment to equal opportunity for all.
