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Employment Law

Employer Hiring Policies

The hiring policy of an employer is the sum total of the process involving the treatment and consideration of a candidate or candidates for a position of employment. The existence of a written hiring policy does not, by itself, represent the employer's hiring policies. Most important of all are the actions and conduct of the company on a day-to-day basis.

A company may be subject to allegations of discriminatory hiring practices based solely on the statistical breakdown of individuals hired over time. For example, if a reasonably large company was found to have hired 85% males for lower, middle and upper management positions over the last fifteen (15) years, it could well be subject to a complaint of discriminatory hiring policies. This is due in large part to the concept of "constructive discrimination", which includes actions of an employer which, although completely unintentional, have a discriminatory result.

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This material is copyrighted in 2004 © by Brian A. Grosman and may not be reproduced without his specific written permission.