Skip to main content
Home

Main navigation

News & Analysis Policies & Forms Your Library Attorney Network
News & Analysis Policies & Forms Your Library Attorney Network

User account menu

Sign in Get Started
x

You're signed out

Sign in to access subscriber actions.

Damned if you do, damned if you don’t

September 2023 employment law letter
Authors: 
Mark Schickman, Schickman Law

There has always been friction in the law when it comes to affirmative action. On one hand, you are required to address and remedy prior discrimination in the workplace, and several statutes identify preferential hiring as part of that remedy. The rules of when such preferences are permitted as a carefully calculated and approved remedy—and when they are subject to attack as an unlawful preference based on race or other category—have never been easy to navigate. Another set of crosscurrents has just been put at play by the U.S. Supreme court, making the following question even more difficult: When, if ever, can an employer take specific steps designed to tilt a hiring decision in favor of diversity? Several newly filed lawsuits will answer that question.

Continue reading your article with a HRLaws membership
  • Sign in
  • Sign up
Upgrade to a subscription now
to get unlimited access to everything on HR Laws.
Start subscription
Any time

Publications

  • Employment Law Letter
  • Employers State Law Alert
  • Federal Employment Law Insider

Your Library Reading List

Reading list 6
Creating List 7
Testing

Let's manage your states

We'll keep you updated on state changes

Manage States
© 2025
BLR®, A DIVISION OF SIMPLIFY COMPLIANCE LLC | ALL RIGHTS RESERVED

Footer - Copyright

  • terms
  • legal
  • privacy