Entering the Workforce
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Description
This chapter focuses on the unique aspects of the hiring process, which includes the formation of the applicant pool, selection from the applicant pool, and initial job placement. Persons seeking to attack, defend, or structure a company's hiring procedures normally engage in a three-step analysis: First, they compare the racial/ethnic/sexual makeup of the qualified applicant pool to the makeup of those actually hired. If, for any protected group, there is a substantial disparity between the percentage in the qualified applicant pool and the percentage hired, an inference of discrimination in hiring may, in the absence of unusual circumstances, be drawn. Second, a substantial disparity between the composition of the qualified applicant pool and the relevant labor market may create an inference of discrimination in recruitment. Third is a consideration of disparity in the treatment of those actually hired. This may be obvious, such as placement of protected groups in lower paying, less desirable jobs, or it may be more subtle, such as placement of protected groups in initial assignments which, though seemingly comparable, have a chain of progression which is a relative dead end.
Source Publication
Employment Discrimination Law
Source Editors/Authors
Barbara Lindemann Schlei, Paul Grossman
Publication Date
1983
Edition
2
Recommended Citation
Caldwell, Paulette M., "Entering the Workforce" (1983). Faculty Chapters. 1127.
https://gretchen.law.nyu.edu/fac-chapt/1127
