Those are sanctions against the employer. The law you quoted talked about harm to the employee or applicant. There is no harm to the applicant in the scenario of interviewing one black person. (And if we’re handing out things the other guy can’t say, then you can’t come back with your marginal applicants and limited time. It is an invented scenario that does not match the real world to say they can’t add one guy–or woman–to the short list without bumping someone.)
Whatever you’re thinking on this, it is not coming across to me in your posts.
Actually I think the idea of interviewing someone you have no intention of hiring IS harmful - especially when you consider the applicant’s opportunity cost to attend the interview.
It’s just the same as the two interviews my friend had with (a certain very large company), in both cases they said they decided to go internal. This happens all the time - a department wants to hire a specific person, but company policy (or law?) requires that they post the job to give everyone an “equal” shot at it. So they post a job description that exactly matches the skills and experience of the person they already know they’re going to hire. Other candidates try for it, possibly going out of their way to do so, get to an interview, bust their asses to make a good impression, and the original person gets hired anyway because they were always going to be. Even if one of the outside candidates turned out to be more qualified, chances are the original person will still get the job, due to friendships, politics, etc. So to allow all those other people to believe they have a shot at this job just to make everything “seem” fair, is a load of horse shit. Let’s just be honest about it already!
Actually, if the black candidates were smart, they would form what amounts to a union. Then, they refuse all requests for an interview until they get a $50,000 fee.
The team would be forced into paying them, because, if all the minority candidates refuse to be interviewed, the team is on the hook for $200,000. So they have to cough up to save $150K.
Since it seems to be the fault of the team owner if minorities refuse to be interviewed, the minorities have the advantage.
I’m apparently not the only lawyer who thinks the NFL might be liable when somebody is harmed because an individual team followed that policies established by the league.
For the record, the particular claims in that case do not strike me as meritorious.
While discrimination was a part of pro football in the past , I don’t think it exists anymore . NFL team owners are there for one thing … money . They will hire the best coach they feel they can get so the team will win , thus making them MORE money . They would hire a one legged badger to coach thier team if they thought it’d put an extra dime in their pocket . Its all about marketing the best team they can no matter what . I can’t see any owner turning down a good coach just because they aren’t white . For the most part , it seems Chinese people could give less than a shit about football . But if a Chinese person had the football mind of Bill Walsh , I’d bet ya ten to one he’d get hired . I can’t see race being even remotely related to hiring coaches .