Question

Do you agree that employers should have the right to choose the job applicant they believe to be most suitable for the job, even if this means some candidates are discriminated against? Justify your answer

Answer 1

I only agree with this statement that "employers should have the right to choose the job applicant they believe to be most suitable for the job,even if this means some candidates are discriminated against" when the discriminated candidates are not qualified for the job as compared to the candidate chosen by employers suitable for the job. The Federal law title vii of civil rights of 1964 prohibits employment discrimination based on age, gender,religion,race like protected classes but It does not mean that employers can risk their business operations and profitability based on protect class of candidate even if candidate is not suitable and qualified for the job.

This is why There is loophole or defense in hands of employers bona fide occupational qualification (BFOQ) which protect employers from legal liabilities of decisions that are discriminatory but reasonable for the job and business operations.

for example- You run a software company and you advertise a job for software programmer and deveoper. You state that anyone can apply for the job. So you get two candidates one is male and another is famale. You taken test of both candidates and find that Male candidate is more qualified and worthy for the job as compared to female candidate who is fresher and does not code well at basic levell. so in this case, The essential job requirement is coding which male candidate can do well so you would hire male candidate but it could be viewed discriminatory for female employee based on her gender but in reality it was based on qualification and requirement of job.