Achieving Antidiscrimination Objectives Through “Safe Harbor” Rules for Cases of Chronic Hiring Aversion

Achieving Antidiscrimination Objectives Through “Safe Harbor” Rules for Cases of Chronic Hiring Aversion

As a general matter, and looking only at hiring barriers, our employment discrimination laws have done a good job encouraging employers to take advantage of available talent from populations they might previously not have previously have drawn from. This encouragement comes both from the “stick” – fear of liability and adverse publicity from administrative investigations and lawsuits -- but also from the “carrot”  of benefiting from a broader pool of talent and having any negative preconceptions dissolved by favorable experience.  In these situations, the laws have served to accelerate desirable market outcomes and, at the same time, enhance the participation in our economy of previously marginalized groups.