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Question about Employer Discrimination Limits

Posted on 8/8/16 at 6:51 pm
Posted by volod
Leesville, LA
Member since Jun 2014
5392 posts
Posted on 8/8/16 at 6:51 pm

On what grounds is an employer allowed to discriminate during the hiring and (more directly) assessing work productivity of an individual.

Selecting candidates for jobs is inherently biased, so on what grounds can an employer be blamed for workplace discrimination or simply bad work ethics.

I am asking because by default, an employer is not obligated to give anyone an opportunity. I always assumed the free market worked itself out.

Given employment trends of the between black, whites, and Hispanics, it could be seen as a skewed market.

Government mandated higher wages hurt the minorities more overall, which also skew the purpose of a free market.

ETA: I am not making excuses for myself. I know that I am not the most stellar candidate. I honestly was just curious to know how much bias played a role in employment. I have no means to change it nor do I want to.
This post was edited on 8/8/16 at 7:03 pm
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139212 posts
Posted on 8/8/16 at 6:53 pm to
You have to give blacks the job no matter their qualifications
Posted by chinhoyang
Member since Jun 2011
26227 posts
Posted on 8/8/16 at 6:54 pm to
In Louisiana, an employer can discriminate against anyone who is not in a "protected class" under federal or state law. Examples are: age, sex, religion, race, color, national origin, disability, sickle cell trait, smoker (Louisiana state law), veteran's status.

There are a lot of anti-retaliation statutes where you can't discriminate against someone for filing a complaint under specified laws such as workers comp, OSHA, FLSA (the overtime and minimum wage law), etc.

Posted by Breauxsif
Member since May 2012
23207 posts
Posted on 8/8/16 at 6:54 pm to
Sorry you were born black.
Posted by CorkSoaker
Member since Oct 2008
9823 posts
Posted on 8/8/16 at 6:57 pm to
It couldn't possibly be that someone else was better qualified for the job eh?
Posted by athenslife101
Member since Feb 2013
20642 posts
Posted on 8/8/16 at 6:57 pm to
Huh???!

95% of people get hired by having connections inside the company plain and simple. Businesses want to make risk adverse hires so they'll hire an above average person whom someone will vouch for and put their name on the line for over an outstanding prospect who is an unknown.
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 8/8/16 at 6:58 pm to
quote:

Question about Employer Discrimination Limits by volod


And not a single question mark was used.

I know you're a recent graduate, I also know what it's like to be a recent graduate looking for a job. It's frustrating as shite and it's very easy to blame that frustration on external factors. That's lazy and counterproductive. Even if those factors are real, it doesn't serve you to recognize them. Just keep working and trying to better yourself, don't look for excuses.

Sorry for the preaching, I've been drinking and I get what you're going through.
Posted by AUCE05
Member since Dec 2009
45420 posts
Posted on 8/8/16 at 6:58 pm to
Just find a got dang job already. My first engineering job, I told them money wasn't an issue. I would work for cheap. Was hired on the spot. You need to realize it might be you.
Posted by dgnx6
Member since Feb 2006
91569 posts
Posted on 8/8/16 at 6:59 pm to
My question is why does a certain demo scream racism when generally their shitty work is what gets them fired? Most people just take their lumps and move on. Heaven forbid you fire someone who isn't performing up to expectations of the company.
Posted by crkelly91
Baton Rouge
Member since Apr 2014
1528 posts
Posted on 8/8/16 at 6:59 pm to
You're asking this in which could not be further from the right forum.
Posted by Spankum
The Sip
Member since Jan 2007
63273 posts
Posted on 8/8/16 at 7:00 pm to
quote:

In Louisiana, an employer can discriminate against anyone who is not in a "protected class" under federal or state law. Examples are: age, sex, religion, race, color, national origin, disability, sickle cell trait, smoker (Louisiana state law), veteran's status.


this is correct....only "illegal discrimination" is prohibited. discrimination against people not included in "protected classes" is not illegal.
Posted by East Coast Band
Member since Nov 2010
66986 posts
Posted on 8/8/16 at 7:00 pm to
I always assumed one of the reasons most job descriptions for certain jobs are overlisted ( i.e. "must be fluent in German" listed for an accounting job or "Master's degree preferred" for a sales position) is to protect the employer against hiring "discrimination" complaints of unhired applicants.
Posted by volod
Leesville, LA
Member since Jun 2014
5392 posts
Posted on 8/8/16 at 7:02 pm to
quote:

I know you're a recent graduate, I also know what it's like to be a recent graduate looking for a job. It's frustrating as shite and it's very easy to blame that frustration on external factors. That's lazy and counterproductive. Even if those factors are real, it doesn't serve you to recognize them. Just keep working and trying to better yourself, don't look for excuses.


I am not making excuses for myself. I know that I am not the most stellar candidate. I honestly was just curious to know how much bias played a role in employment. I have no means to change it nor do I want to.

quote:

Just find a got dang job already. My first engineering job, I told them money wasn't an issue. I would work for cheap. Was hired on the spot. You need to realize it might be you.


I dont ask for the maximum when applying to new jobs. I make it quite clear I will work at reduced rate.
This post was edited on 8/8/16 at 7:04 pm
Posted by TigerBait1971
PTC GA
Member since Oct 2014
16457 posts
Posted on 8/8/16 at 7:04 pm to
What did you graduate in and what do you want to do?
Posted by Napoleon
Kenna
Member since Dec 2007
74871 posts
Posted on 8/8/16 at 7:06 pm to
I didn't rent a house to a black dude one time because he rubbed me the wrong way and he made a huge deal of it. I wound up renting it to a black lesbian couple.

Yep, so racist.

Posted by Breauxsif
Member since May 2012
23207 posts
Posted on 8/8/16 at 7:06 pm to
Sounds like you don't interview well. You need to cut out the whole "you think your smart" bullshite out. A hiring manager will see through that facade every time. Furthermore, they're looking to see how you mesh with their team. How good are your people skills?
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139212 posts
Posted on 8/8/16 at 7:07 pm to
quote:


Yep, so racist.



When in doubt, racism
Posted by boosiebadazz
Member since Feb 2008
86378 posts
Posted on 8/8/16 at 7:08 pm to
quote:

What did you graduate in and what do you want to do?


oh frick off
Posted by East Coast Band
Member since Nov 2010
66986 posts
Posted on 8/8/16 at 7:16 pm to
quote:

black lesbian couple

Double discrimination cancels each other out.
Posted by Aristo
Colorado
Member since Jan 2007
13292 posts
Posted on 8/8/16 at 7:19 pm to
I worked as a HR intern during my college years. We always hired the best people for the job and student athletes.

Firing was a completely different story.
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